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A Colorado Springs man who says he was held in jail for 40 days after undercover cops arrested the wrong guy has filed suit in federal court.

Colorado Springs police arrested Joseph Martinez early last year and accused him of being a drug dealer with the nickname “Casper” who sold methamphetamine to a narcotics detective. Martinez said he had the nickname Casper as a teen. But the “Casper” who sold drugs to the detective had a prominent tattoo on his left shin — something Martinez’s lawsuit says the detective noted in his report — while Martinez’s shins are bare.

It took 40 days before Martinez could post bond to get out of jail and another year before prosecutors dropped the charges, according to the lawsuit.

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