What recourse can I take against the police department for being arrested for mistaken identity?

Question

My friend was arrested and interrogated for 24-30hrs for mistaken identity. His car was towed for $240 and damaged during the process. The back of the car is scratch up and the handling is different now. All he wants is an apology and reimbursement for the car. Besides filing a complaint....should he take the police dept. to court? Will he be able to win his case?

Answer 1

I want to know where the mistake was made. You say your friends car was towed which implies he was driving. if that is the case then he needed to have a drivers license on him and would have been able to provide proof of who he was.



If he did not have a license on him then the police could not positively identify him. In my department if you get stopped and can not prove to the officer who you are, you go to jail. We are not going to issue a ticket to someone who may be giving us false information.

Answer 2

Have your friend file a damage claim with the jurisdiction that the police came from...that is if it is a city agency have him file with the city clerk. He may get some reimbursement for the damage and towing fee...he will not get an apology other than the one he got as he was released.



If the police had probable cause to detain your friend that is sufficient grounds for them to do so and the time factor is well within the law.



Filing a civil suit is not the answer and any attorney worth their weight will tell you the same thing.

Answer 3

It would be interesting to see why this mistaken identity occurred. Some crooks use other people's identification, sometimes from their friends or relatives. The police are basically immune if they are reasonably doing their job. The person using the false identity is the person responsible and criminally liable, not the police. If there was damage to the car, that's between the car owner and the tow company.

Answer 4

It all depends on what led them to mistake his identity. Law enforcment officers are immune from liability if the mistake is honest. If there was a valid reason, he may be out of luck.



Often people with warrants that have a police contact use their friends names to keep themselves out of jail. If this is the case, the liability would be on the person who used his name, not the police.



As far as the tow damage, this would be best taken up with the tow company, not the police department.



I would suggest you request a copy of the report from the department, and have it reviewed by an attorney.

Answer 5

No. Under existing Tampa PD policy, officers must arrest someone when they discover an outstanding felony warrant. Even though they may have felt compassion for her situation, they must follow the law and enforce the warrant. However, Tampa is revising its policy regarding crime victims, and giving more flexibility to the officer in charge to make a judgment call whether a crime victim with outstanding felony warrants should be taken to a hospital or to jail. It is a tough decision. While it is tragic that the young woman had to endure being raped, she must also pay for past crimes she has committed.

Answer 6

They made an arrest under good faith, believing he was the suspect. It was a legal arrest. He can file a claim with the city, but were it in my city in CA, he would get nothing.



He can after the tow company though.

Answer 7

Call legal services and ask about good civil rights lawyers. You will need to go see someone at the local bar association or Legal Aid. Legal Aid is not the best route to go but they can offer free advice or you can negotiate for 1/2 hour at a discounted price, perhaps $50. I'd suggest suing for damages and civil rights abuses.

Answer 8

nothing...maybe just the 240 bucks but thats it...your not gonna get a multi million dollar case because of this...this happens all the time...as long as they had probable casue to think it was that person they are golden...do...sorry

Answer 9

Has he tried to ask the police dept for reimbursment? They should, without having to go to court.