I'm suing Walmart for $10m after being arrested in store - I know I was banned but their officer was still in the wrong

WALMART has had a lawsuit filed against it after a man was falsely identified and arrested over alleged trespassing.

Tony Nguyen and his attorneys are suing the retailer, it's employee and a county deputy for alleged "racial profiling and false arrest."

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The man from Hudson can be seen in footage from November 27, being arrested by a Hernando County deputy.

The footage was taken from inside the Walmart Supercenter on Commercial Way in Spring Hill.

In the police report, the deputy who arrested Nguyen, said it began when they received a phone call from a Walmart Asset Protection Specialist.

The Walmart employee mistakenly identified Nguyen for Cody Vodelinde, who was given a trespass warning from the store in 2018.

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In the footage from the store, Nguyen can be heard saying to the County deputy: "A year? That was like 10-15 years ago?"

The deputy replied: "Doesn't matter. You're trespassing. You can't come back."

The lawsuit states that Nguyen was given a trespassing warning at the store a decade ago in 2013.

He informed the deputy that his warning was enforceable for only a year.

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This banned him from the store but he maintains that his arrest was unrelated to this warning.

In the 911 call made by the Walmart employee to the Sheriff's office, they said: "There's an Asian male in the store right now.

"His name is Cody Vondelinde. He trespassed from this store.

"He is not allowed to be here, and he also tends to be violent and carries weapons."

The employee assisted the deputy in locating Nguyen in the store by directly pointing him out.

He said: "That's him right there."

Nguyen's attorney claims that his client and Vondelinde look nothing alike.

The attorney said: This is a case of all Asians look alike because when (the deputy) showed up, guess what he didn't do?

"He didn't identify Tony," 

According to the deputy, he called out "Cody," and Nguyen turned around to speak to him.

It was only when Nguyen arrived at the jail that he was asked to show his ID.

In a video shared with local ABC affiliate WFTS, the deputy can be heard admitting he arrested the wrong man.

"I was able to confirm your ID at the jail. You're not the person he was looking for," the deputy said.

"You have not trespassed, and so I'm taking you back to your house.

"And for me personally, I apologize. Sometimes identities get mixed up."

The sheriff's office sent a statement to WFTS about the issue.

"The trespass warning issued at Walmart was still in effect after never having been rescinded by officials there...

"Therefore, probable cause existed for the arrest of Tony Nguyen for the trespass in question.

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"He was processed and charged accordingly."

As a result of the wrongful arrest, Nguyen's attorney has filed a federal lawsuit against the retailer, the Walmart employee, and the deputy for $10million.

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