View Single Post
  #9 (permalink)  
Old September 9th, 2010, 08:20 PM
Rev22:17 Rev22:17 is offline
Senior Member
Join Date: May 2003
Location: Massachusetts
Posts: 4,770


Originally Posted by You
So you have a small child seeing his mother hauled off in chains, all the other humiliation and mental terror of being jailed for days, and in the end they probably won't get a dime even though I feel she deserves it in this case. You'd think they had found a fugitive murderer. Even if she was the actual criminal the charge was prostitution, hardly something to warrant such a response.

Yeah, I don't understand why she has to go to court to prove her identity. They make it sound like "okay, we'll let you out for now but you aren't off the hook yet."

Cretins are all around us.
Actually, the woman who was wrongfully arrested has an excellent case, though she needs to find a good lawyer to bring it. She is potentially entitled to compensation:

>> 1. For the wrongful arrest and associated defamation of character,

>> 2. For the time that she was detained before the matter got sorted out,

>> 3. For all expenses incurred as a result of the wrongful arrest including lawyers' fees, child care expenses, etc.,

>> 4. For the harm caused to her relationship with her child and to any others involved,

>> 5. For lost wages, etc., due to the wrongful detention,

>> 6. For the emotional duress that the situation caused,

>> 7. For court costs and other costs incurred in pursuing a legitimage claim for the above damages, including reasonable legal fees,

And possibly for other damages as well. These damages are not insignificant. Whenever she applies for a job and the employer asks if she has ever been arrested, she can no longer truthfully answer in the negative. An affirmative answer to such a question invariably requires a lot of 'splainin' that is best answered by a court finding of wrongful arrest with a substantial award for damages.

Further, she can file a claim/lawsuit not only against the police departments or other law enforcement agencies that acted improperly in ordering her arrest, but also against the officers and officials involved in each step of the incident who should have recognized the error and ordered or advocated for her release, but failed to do so.

Reply With Quote