I’m missing something. How can someone flee if he is free to go? If not free to go, then he is in custody already. I don’t get it.
No, you’re not missing anything. “Free to go” seems pretty cut and dry, and it is, UNLESS you’re dealing with MTA Officers, or airport security. You, as a law abiding citizen, is subject to the emotional state of mind of these officers. So each situation requires a calm analysis of which action to take.
These MTA officers were obviously stepping over the limits of authority, which is why Fussell will win this law suit.
Fussell may have believed that despite the fact that he may have been within his rights to leave, prudence required that he remain. The unreasonable officers may have “felt” that he was trying to flee.
It’s all speculation, but the scenario is plausible. After all, it’s happened in the past.