Man mistakenly arrested 11 times can’t sue police
November 24, 2013
A man arrested or detained nearly a dozen times because he was mistaken for a suspected drug dealer cannot sue Las Vegas police, the Nevada Supreme Court has ruled.
Justices in an order dated Thursday dismissed Francisco Gonzalez’s suit against the police department, saying the agency was immune from such lawsuits.
North Las Vegas police issued an arrest warrant for suspected drug dealer Francisco Garcia-Gonzalez in 2007 and entered his information into a law enforcement database.
Justices said the suspect’s physical description and birth date matched Gonzalez, though his attorneys disputed that. In court briefs, Gonzalez’s lawyers argued the wanted man was two years older, lived in a different city and had different hair color.
Between June 2008 and August 2010, Gonzalez was detained or arrested by Las Vegas police 11 times. At one point he even obtained an “identity passport,” a document alerting officers that further investigation is needed before detaining or arresting someone, the Las Vegas Review-Journal reported.
But the arrests continued and Gonzalez sued the department for negligence and false imprisonment.
They added that officers often must decide between “releasing a potential criminal closely matching the description of a valid warrant or running the risk of potential civil liability on those close cases.”