Cops reportedly thought Pfeiffer was responsible for the smiley face and made the arrest.
Now, as the Daily News reports, he is suing the city and six police officers for wrongful arrest.
Ilissa Brownstein, Pfieffer's lawyer, said her client is a trained artist “who is interested in many forms of art including street art,” and he’d recognized the smiley face on the left side of the storefront as an iconic Banksy.
Pfieffer, 33, is a self-employed packing engineer for the advertising world who got his bachelor degree from the School for Color and Design in Munich.
“He said 'If I just did this, it would smudge, but it doesn't,'” she said. The officers arrested him anyway, keeping him in custody overnight. After two trips back to court, prosecutors dropped the charges in October.
According to the suit, Pfeiffer says he lost seven days of work at $45 an hour and has to take Ambien and Trazodone to sleep. He's suing for unspecified damages, per the Post.
A spokesperson told reporters that the city is reviewing the case.
Image via Google Streetview