A Seattle police officer has been caught on tape telling a recently arrested young African American man that he was going to make up evidence against him.

Josh Lawson and Christopher Franklin were arrested at gunpoint in November of 2010 after police spotted them several blocks away from where an assault had been reported. Neither man was charged with any crime after their arrest, and they have sued the city for excessive force and wrongful arrest.

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Both men allegedly suffered facial bruises after being kicked and thrown on the pavement as the police officers arrested them. While Lawson and Franklin were being taken to the police department, one of the officers also said he was going to make up evidence against them, an audio recording obtained KOMO 4 News revealed.

“Well, you’re going to jail for robbery that’s all,” the officer said.

“For robbery?” Franklin asked.

“Yeah, I’m gonna make stuff up,” the officer responded.

Seattle Police Sergeant Sean Whitcomb told KOMO 4 News that the comment was inappropriate, but that the department’s had investigated the complaint and exonerated the officer.

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Watch video, courtesy of KOMO 4 News, below: