Blind man suing railroads for malicious prosecution

Cecil Davidson, of Sparks, filed the malicious prosecution suit against Southern Pacific Railroad and others Monday in Washoe District Court.

He is seeking potentially millions of dollars from his former employer of more than 30 years as a result of his arrest in 1996. He went to trial but was freed earlier this year by a hung jury.

"It's just sad the railroad took this cold, uncaring attitude toward this wonderful man," Davidson's attorney, Ken McKenna, told the Sparks Tribune.

Davidson mistakenly was mailed the check from Southern Pacific in March 1996 for $50,277.26. He said he had been receiving monthly pension checks from the railroad for years so he cashed the check and spent the money.

A clerical error had resulted in the check being sent to Davidson instead of J. Davidson and Sons Construction in Oregon.

More than a year later, the railroad demanded the money back.

Southern Pacific since has merged with Union Pacific Railroad, which also is named as a defendant in the civil case. Davidson also named as a defendant J.D. Gummert, the railroad officer who signed the affidavit for the arrest warrant against Davidson.

Union Pacific had no immediate comment on the lawsuit, company spokesman Michael Furtney said Wednesday from San Francisco.

Prosecutors in the Washoe County District Attorney's office said Davidson knew the money wasn't his, and he committed an act of theft by spending it.

Deputy District Attorney Ronald Gunning pledged to retry the case after the hung jury on May 24, but later changed his mind.

The civil suit seeks more than $15,000 in general damages, along with unspecified special and punitive damages.

The suit claims the theft charge was malicious and unfounded, and claims the "arrest and incarceration" took a great toll on Davidson.

McKenna said Davidson never was jailed, but went through the booking process for several hours at the Washoe County Jail.

"When he arrived at the jail, he was jovial, like an adventure was about to take place," McKenna said. "When he came out, it looked like he had been hit with a fire hose."

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