Asked in Civil Rights for Arkansas

Q: Can you sue a county, it’s prosecuting attorney, or the police department?

My husband was arrested and taken to the police station for booking/questioning. He told them that they had the wrong person, after reading the warrant, explaining again that they wanted his father, not him, they got a positive ID that my husband wasn’t the right person.... he was arrested in the town center, in a town of 900 people) during rush hour, we were business owners. We had to move and look for new jobs, we just found out that my husband now has this on his record, and they let it stay on there for 8 years before classifying the case as INACTIVE. My husband was turned down for a promotion 2 years in a row because of this being on his record.

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1 Lawyer Answer
W. Whitfield Hyman
W. Whitfield Hyman
  • Civil Rights Lawyer
  • Fayetteville, AR
  • Licensed in Arkansas

A: When was he arrested? If it was 8 years ago that is probably too long ago. He can get the arrest sealed.

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