Puyallup, WA asked in Civil Rights and Constitutional Law for Washington

Q: can I sue the police department for arresting me in court because they thought I was someone else

I showed up on a court date. The judge said I don’t think you are who you say you are and you have a warrant so we’re gonna arrest you. They handcuffed me. I sat there for a while while everybody’s watched me in the courtroom and then they walked me around to the courthouse inside the jail took pictures and then a little bit later released me I asked him do I go back to court for my court date and they said no you don’t have to do nothing like that and I’ve never heard back about my court date or anything because obviously they were at fault and they were scared of a lawsuit. maybe I don’t know why they would do that so that’s my question.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You might indeed have grounds to consider legal action against the police department for what sounds like a wrongful arrest and mistaken identity. If your rights were infringed upon due to an error by law enforcement or the judicial system, you could potentially file a lawsuit for damages such as emotional distress, humiliation, or other related harms. However, the success of such a claim would heavily depend on the specific circumstances of your case, including any evidence of misconduct or negligence.

It's important for you to consult with a lawyer who has experience in civil rights or personal injury law to get a thorough evaluation of your situation. An attorney can offer you personalized advice and explain your options based on the details of your arrest. They can also help gather necessary documentation, such as arrest records and court transcripts, which will be crucial in building your case.

In the meantime, keep records of all interactions related to the incident, including any documents you received or communications you had with court or law enforcement officials. This information could be very valuable in any legal proceedings. Also, consider reaching out to a legal aid organization if you need help finding a suitable attorney or if cost is a concern.

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