A man is suing a Jacksonville company that sells drug tests after a doughnut in his possession tested positive for methamphetamine, Jacksonville Business Journal reported.
Daniel Frederick Rushing of Orlando is suing Jacksonville-based Safariland LLC and the city of Orlando.
In the lawsuit, Rushing alleges that the Safariland LLC drug test that an Orlando officer used to test a substance on a doughnut was either defective or unreliable because it falsely produced a positive result for methamphetamine twice.
Rushing was arrested and charged with a felony.
Prosecutors dropped the charges after another test determined that it was not an illegal substance.
It remains unclear if the false positive was a problem with the test or with those who administered it.
An internal affairs investigation noted that Orlando police had been using the Safariland drug test kit without proper training for years, the Orlando Sentinel reported.
The city has since trained nearly all police officers in the proper use of the drug kit, according to the newspaper.
The lawsuit seeks damages in excess of $15,000. The next hearing in the case is scheduled for Feb. 28.
The Safariland Group does not comment on ongoing litigation as a matter of company policy, according to a spokesman.
Cox Media Group