the police department pull me over and tryed to arrest me. They say I had two warrants, but they had the wrong name and that person wasn’t me.
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the police department pull me over and tryed to arrest me. They say I had two warrants, but they had the wrong name and that person wasn’t me.
I went to the courts they told me that they would take care of it. Four years later that person name is in the system and my name is list as an alias. This accures only with the police depatment. This time I had a warrent for real but didn’t know because I didn’t recived the information because of the name mix up. I had to have prints, mugshoot, car inpound, and bail. So can I sue for there mistakes.
Asked on May 27, 2009 under Personal Injury, Alabama
Answers:
M.H., Member, California Bar / M.H., Member, California Bar
Answered 14 years ago | Contributor
You can bring suit for false arrest, malicious prosecution and detention arising from a mistaken identity situation under federal civil rights causes of action and state tort law. However, there are typically strict time limitations to bring suits against municipalities/police departments, etc. and it sounds like your time may be up. You will need to consult with a local attorney to determine what the statute of limitations and notice of claim provisions are. I do suggest you send a letter to the police department headquarters or central command, certified mail, return receipt requested showing them the error - provide as much detail as possible with respect to the confusion.
Questions of negligence typically turn on reasonability. The accident could be the car driver's fault, and it could be your fault. Were you on the right side of the road when struck? Was the driver? Someone wasn't. Although the driver has to use a greater degree of caution given the comparative harm he could cause versus your bicycle, if you caused the accident by swerving into his lane, you will likely lose a court case. However, his insurance carrier to avoid the risk of a litigation may still pay your bills. I offer this information in an effort to allow you to better understand some general legal principals that may apply to your fact scenario. This is not intended to substitute for a detailed consultation with an attorney admitted to practice before the bar of your state. Laws differ from state to state. Thus, the information above does not constitute legal advice. Further, ethical rules prohibit an attorney such as myself from "practicing" law in any state but the state in which I am admitted.
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