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Can I sue the police department for false arrest?

Santa Ana, CA |

A distant relative was arrested and gave my name and date of birth but his fingerprint. I have been arrested twice and now my drivers license is suspended. They never check my fingerprints against his and it is costing me time and money to keep getting it resolved. I want to sue them for not fixing this and costing me my driving job.

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Attorney answers 3


Yes. If there was not probable cause to arrest you, then the arrest was unlawful. To preserve your state law causes of action you must file a claim with the city within six months of the incident. You should contact an attorney in your area to do this immediately.


From what you are describint, you are a victim of identity theft. Police can be sued for violating your Constitutional rights, but whether or not they can be sued successfully under the scenario you describe is something you need to bring up with a local lawyer who can fully analyze your individual situation and the particular facts of your case.


I agree that it seems that you are a victim of identity theft. Consult with a local attorney on how to clear these charges from your record.

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