Man Misidentified and Arrested by Cranston Police Spends 56 Days in ICE Detention, According to Lawsuit

Man Misidentified and Arrested by Cranston Police Spends 56 Days in ICE Detention, According to Lawsuit

A Rhode Island resident says he was falsely arrested by Cranston Police on theft charges and detained by ICE for 56 days - before the charges against him were ultimately dismissed.

In a 9-page federal lawsuit filed in the United States District Court this week, Ramon Checo Hilario, who is being represented by attorney Robert Testa, says he was “lawfully working and earning income in the State of Rhode Island” as an Uber driver when he was “arrested and subjected to criminal prosecution for a crime he did not commit.”

Hilario is not a United States citizen, according to the lawsuit.

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The lawsuit alleges that following a reported theft at the Sunglass Hut in Garden City in February 2026, a store employee told police the alleged perpetrator “fled the scene” in a Toyota with Rhode Island registration number “RY550.”

What happened next was a series of events that, according to the lawsuit, led to Hilario’s arrest, incarceration, and ICE detention for 8 weeks, during which he was “deprived of his liberty, separated from society, and subjected to severe emotional trauma, humiliation, fear, anxiety, stress, and mental anguish.”

Hilario is now suing the City of Cranston, Cranston Police, and the Sunglass Hut on charges of negligence; false arrest; malicious prosecution; defamation; “negligent hiring, training, retention, and supervision” by all of the defendants; violation of his civil rights; and negligent and/or intentional infliction of emotional distress.”

He is seeking punitive damages.

 

About Arrest Allegations

According to the lawsuit, in February 2026, an “individual entered the Sunglass Hut store located at Garden City Center and allegedly stole approximately $3,300 worth of sunglasses.”

After a store employee reportedly told police that the alleged perpetrator fled in a car with the license plate RY550, the lawsuit maintains that “Defendant Officer Doe ran the registration through police databases and determined that the vehicle was registered to [Hilario].”

The lawsuit continues:

“Upon information and belief, Officer Doe thereafter obtained or reviewed [Hilario’s] driver’s license photo [and] reviewed surveillance video or still images purportedly depicting the alleged perpetrator. Despite substantial and obvious differences between the appearance of the individual depicted in the surveillance footage and [Hilario], Officer Doe concluded [Hilario] has been ‘positively identified’ as the suspect.”

“Officer Doe failed to utilize reasonably available investigative methods that would have immediately exonerated [Hilario],” the lawsuit continues, alleging that “Officer Doe ignored readily observable discrepancies between plaintiff and the actual suspect.”

The lawsuit maintains that Hilario was then “arrested and subjected to criminal prosecution for a crime he did not commit.”

ICE Detention

“Following [Hilario’s] arraignment and as he exited the courthouse, [he] was taken into custody by agents of ICE,” the lawsuit continues.

He was sent to the Plymouth House of Corrections, according to the lawsuit, and was “incarcerated and detained for deportation proceedings for approximately 56 days.”

“Hilario suffered loss of sleep, depression, emotional distress, humiliation, embarrassment, anxiety, and psychological injuries,” the lawsuit continues.

Then, according to the lawsuit, “upon further review and comparison of the surveillance images and [Hilario’s] driver’s license photograph, it became clear that Plaintiff and the actual perpetrator did not resemble one another.”

“Criminal charges against [Hilario] were thereafter dismissed by the Cranston prosecutor,” claims the lawsuit. “At no time did Defendants possess probable cause to arrest or prosecute [Hilario].”

Hilario’s lawyer, Testa, did not respond to a request for comment at the time of publication.

“We are aware of the lawsuit that has been filed. In accordance with standard protocols, I cannot comment on pending litigation,” said Cranston Police Chief Michael Winquist when reached for comment.

“The City is aware of the federal lawsuit filed by Ramon Checo Hilario. In accordance with long‑standing City policy and standard legal practice, like the Police Department, we do not comment on matters involving pending or active litigation,” City Spokesperson Nicole Renzulli told GoLocal. “The City will review the claims and respond through the appropriate judicial process.”

Sunglass Hut did not respond to a request for comment at the time of publication.