Tulsa, OK — A federal civil rights lawsuit filed in the United States District Court for the Western District of Oklahoma alleges that law enforcement officials ignored critical digital evidence of an Instagram hack and wrongfully arrested a father, setting off a chain of events that permanently fractured his family.
The lawsuit, filed by Mark H. Long, a former United States Army Captain and physical therapy student, names the City of Lawton and two detectives. It alleges that investigators failed to fully and accurately present exculpatory digital evidence before seeking an arrest warrant that would alter the course of his life.
According to the complaint, on September 4, 2022, three illegal images were uploaded to Mr. Long’s Instagram account by an unknown third party. The lawsuit states that digital records showed:
-The upload originated from a T Mobile IP address located in Chicago, Illinois.
-At the time of the upload, Mr. Long was physically in Lawton, Oklahoma.
-His cellphone records placed him in Oklahoma.
-His phone had no active data session at the time the images were posted.
-His previously dormant Yahoo email account had been accessed from foreign IP addresses shortly before the upload.
-No illegal images were found on any of his electronic devices during subsequent forensic examinations.
The complaint alleges that this evidence was consistent with a third party hacking Mr. Long’s account.
Despite the digital inconsistencies, Mr. Long was arrested on November 22, 2022, while walking to class in Oklahoma City.
The lawsuit alleges that the affidavit used to obtain the arrest warrant omitted critical information, including the geographic location of the upload IP address and the absence of forensic evidence linking Mr. Long or his devices to the images. Instead, the complaint asserts that investigators believed that the images were uploaded directly from his cellphone. Mr. Long was charged with possession and manufacturing of child pornography, allegations that carry severe and lasting stigma.
The lawsuit further alleges that before seeking the arrest warrant, detectives brought Mr. Long’s wife to the police station and showed her the images, informing her that they came directly from her husband’s phone. Shortly thereafter, she filed for divorce. As a result of the charges, Mr. Long lost regular access to his young daughter and was restricted to supervised visitation for nearly three years. He missed birthdays, school events, and critical milestones in her early childhood.
Although the charges were dismissed on January 6, 2025, the lawsuit states that the damage to his family had already been done.
A dismissal cannot restore a marriage.
It cannot return lost years with a child.
It cannot erase the public stigma of such accusations.
The lawsuit asserts claims for wrongful arrest, malicious prosecution, interference with parental rights, failure to intervene, failure to properly train and supervise detectives, and negligence.
It alleges that officers had access to digital evidence that contradicted the theory that Mr. Long uploaded the images, yet failed to fully disclose that information when seeking legal process.
The complaint contends that had the omitted facts been included, probable cause would not have existed.
Digital investigations require precision and technical understanding. IP address data, device activity logs, and network session records can establish or refute who had the capability to upload material.
The lawsuit raises serious questions about how digital evidence was interpreted, presented, and relied upon before life altering charges were filed.
While the criminal case has been dismissed, the civil lawsuit now seeks accountability for the constitutional and personal harm alleged.
For Mr. Long, the charges may be gone, but the damage and consequences remain.
IG HACK Complaint COURT FILING
Cases like this show how quickly someone’s life can be turned upside down when an investigation goes wrong. When government power is used recklessly, the consequences can destroy families, reputations, and years of someone’s life.
At The Alpha Firm, attorney Don Smolen — known as “The Alpha Attorney” — focuses on holding powerful institutions accountable when people’s civil rights are violated. His work centers on uncovering the truth and fighting back when the system fails the very people it is supposed to protect.
If you believe your rights have been violated or you have been wrongfully accused, you can contact The Alpha Firm by filling our our confidential form, here.
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