Acquitted Colo. Man Claims Cop Planted Drugs In His Lunchbox

AURORA, CO – A Denver man who was acquitted of drug possession charges in April has sued an Aurora Police officer, alleging he planted drugs and contraband in his car during 2016 a traffic stop.

Lawyers for Nakiko Diallo, 32, filed the suit in Federal District Court Friday against APD officer Matthew Milligan and the City of Aurora.

The suit alleges that Diallo spent 17 months in the Arapahoe County Jail after being wrongly accused of driving under the influence and possession of drugs. The suit also alleges that Milligan searched Diallo's car without probable cause and also planted cocaine and drug paraphernalia in a lunchbox in the car.

"The Aurora Police Department works cooperatively with the City Attorney's office to respond to and address all lawsuits," said Aurora Police Department Public Information Office Crystal K. McCoy in an email. "At this time, the City has not been served with a complaint in the matter and cannot comment."

The arrest took place around midnight on Nov. 9, 2016, when Nakiko Diallo was driving southbound on Xanadu Street near the East Colfax Avenue intersection in Aurora, according to the complaint. He was stopped by officer Matthew Milligan, who pulled Diallo over for a burnt-out taillight and then missed contradictory statements about whether Diallo was speeding or not, the complaint said.

Observing an empty beer can and a bottle of tequila in Diallo's car, Milligan accused Diallo of driving intoxicated and demanded to search the car, before Diallo was given a field sobriety test, violating the requirement of "probable cause" before a search, the suit said. Diallo passed the field test and was not intoxicated, the complaint alleged.

According to the complaint, Milligan's body camera captured him opening the lunchbox at 1:33 a.m. and finding it empty. He then turned off his camera for several minutes, turning it on again at 1:35 a.m., which the suit said, violates Aurora PD policy. When backup officers arrived, Milligan asked another officer to check the lunchbox. Inside, the second officer recovered a "a digital scale, small baggies with dollar signs on them, Ziploc bags, and a white substance that appeared to be cocaine," the suit alleged. Milligan acted surprised, and the two officers donned gloves and checked the contents of the lunchbox, the suit said.

Because Diallo was on parole for a 2011 violation, he was taken into custody and had no option for bond. Diallo refused to take a plea deal and was held in the Arapahoe County Jail for 17 months waiting for his court appearance.

“Mr. Diallo endured a seventeen-month long ordeal including wrongful incarceration and significant psychological trauma as a result of falsified claims and planted evidence,” the lawsuit said.

Investigators found fingerprints that did match Diallo on the baggies and contraband found in the lunchbox. At court, Diallo's attorneys' request that officer Milligan's prints be compared to those on the contraband was denied, the suit said.

During Diallo's trial, Milligan allegedly "changed his story" saying he had placed the drugs and contraband in the lunchbox as part of a training exercise for a new rookie officer, the suit said. Diallo's lawyers said Milligan did not mention planting the contraband in his original police report of the arrest.

The suit says Milligan "knowingly, recklessly, and with reckless disregard for the truth, spread false information concerning Mr. Diallo’s case and guilt."

An Arapahoe County Jury found Diallo not-guilty of all charges on April 13, 2018, according to 17th Judicial District records.

Diallo's complaint asks for unspecified damages for the "emotional distress, psychological injury, and significant damage to family and other personal relationships" caused by his allegedly unlawful arrest and incarceration.

Milligan is still employed as a patrol officer with the Aurora Police Department, Spokesperson McCoy said in an email. After the incident, Milligan was "investigated, and was not disciplined," she said.

Read the complaint here:

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