Here we have a story that clearly demonstrates why our nation is in desperate need of tort reform. A man is suing the Sheriff’s office where he was detained after the alias he used to avoid being arrested on a warrant was also that of a wanted man, his cousin. Link it:
So, I’ll summarize: a man is pulled over for a traffic violation. He has a warrant out for his arrest, so he uses his cousin’s name to avoid capture. Turns out the cousin was wanted for fondling a younger relative, so they arrest him. The man begins his “wrong guy” protestations. He is held for 13 months while the issue gets sorted out, undoubtedly mired in paperwork and court filings, or, possibly even apathy since he was wanted to begin with and admitted to using his cousin’s name before.
So he’s suing them for the long jail term.
Excuse me?
I had a run in with a young man in a similar situation many years ago. I was investigating a burglary and stopped an individual who matched the description to do a field interview. He gave me a name and date of birth, but no ID (surprise!). The name came back to an open homicide warrant out of New York with a “hold for extradition” request on it. As I began to arrest him, he then told me he gave me a false name and tried to fix it. Too late. Identify yourself to the satisfaction of the Sheriff, and hope NYPD isn’t booking a flight. As soon as he misidentified himself, he committed a misdemeanor. He goes to jail, and has to prove to the Sheriff who he is.
Back to our situation, I’m curious as to what his claim of damages really is. Of course 13 months in jail is a long stretch, but 1) he had a warrant for his arrest out anyway, 2) he lied about his identity, implicating a man he thought was clean, 3) got hooked up when his alibi wasn’t, 4) has created a ton of work for the prosecutor to sort out. Time served? Sounds like a great option to me.
Nope. He’s suing the sheriff’s office. Even his attorney said he would have been there anyway if he had correctly identified himself to the officer making the traffic stop. Likely, he would only have been there about 60 days; the warrant was for a parole violation.
Parole? On a warrant and lying about his identity? And you’re suing the jailer for being a meanie?
The funny part to me is when the liar calls the cousin and tells him I used your name and you’re wanted too. He turns himself in. Turns out the jail didn’t have the cousin’s fingerprints since he didn’t have a prior record. There were no prints to prove the liar’s claims of a false name. So, he’s in jail for lying and his warrant, and the cousin gets locked up on the warrant. Brilliant!
In a situation like this, there should be no ability for the accused to sue the jailer for damages. The way I see it is if you have a lengthy criminal record and you continue to violate the law to continue your criminal activity, you submit yourself to the mercy of the court. Does a society really need a guy like this among the walk-around folks? He is obviously demonstrating that he has no intention to be a law abiding citizen. I’m glad he had to lay out in the pokey for a while. Maybe this will zap him into voluntary compliance.
I doubt it.
No our system will allow him to file a suit against the system claiming his rights were violated by being imprisoned for such a long time during the mix up. This will cost the taxpayers even more money and take more time away from cases that need more attention. And that is the real tragedy. This turd will clog the pipes of justice when he should have been flushed a long time ago.
Please, people. Grow up. Take your lumps if you’re guilty. Better yet, don’t be a criminal in the first place. It’s an easy solution to all your problems.
Chip Grefski
