Question

  12/16/12, 2:02 pm
Can someone who is currently on Parole and was arrested being confused with someone else have the right to sue the officer or the Police department?
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United States   |   Pennsylvania  |  Criminal Law
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Answer

Jason Dunkle Says:

Dec 30,2012 6:47 AM

First, I recommend that you re-post your question under a civil rights attorney heading as opposed to criminal law. I understand that you are wondering if you can sue the police based upon their actions in a criminal matter, but the area of law that is applicable is whether you can sue the officers for a violation of your civil rights. Generally speaking, I can tell you that it is difficult to sue the police absent reckless or outrageous conduct. Sloppy police work or negligent actions are generally not enough on which to base a claim. I understand that a police officer's mistake can have a profound impact on a person, including the person spending time in jail, going through the criminal process, paying an attorney, and possibly even being terminated from a job, but the law doesn't necessarily look at the impact on the person but instead focuses on the conduct of the officer. If you could show that the officer intentionally arrested you despite knowing that you were not involved, then you would clearly have a claim. However, I fear that an officer being "confused" about identity may not be sufficient to give rise to a civil claim. Again, I recommend that you contact a civil rights attorney as they are more competent to answer your question.

The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and JD Law, P.C.


Jason Dunkle
JD Law, P.C.
204 East Calder Way, Suite 306,State College, PA 16801
814-954-9622
http://www.mystatecollegelawyer.com

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