From the Complaint:
24. Plaintiff asked Defendant Rodriquez if he was free to leave, which Defendant Rodriquez contends that he found rude.
See item #22, defendant Rodriquez told him he was free to go before defendant Rodriquez was offend by him asking if he was indeed free to go when defendant Rodriquez continued to question him after releasing him.
(I was mistaken earlier I thought the other cop let him go)