Can I file a lawsuit against a police officer that induced panic in my husband and did not present his badge bc he was off duty

My husband pulled into an open ballpark to relieve himself and I guess the pop machines had been broken into the night before so the person that was watching the park pulled in and locked my husband in the park. He then stopped my husband and asked him what his name was my husband told him the truth. He then preceeded to lunge inside the car at my husband, My husband then took off and busted through the gates that this man had then secured. He never presented himself as a policeman to my husband and my husband gave him his real name. They are now trying to pin the pop machines on him. However he had no device to break into the machines and NO MONEY on him. My husbands attorney got the police officers statements and they are threee different stories...
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