My husband had a situation in 2016, his brother got pulled over in FL and received traffic violations under my husbands name. He is telling the police he has no ID when pulled over and then gives all of my husbands info. They do look alike, are 5 yrs apart in age. The officers believe it, let him off with a ticket. We later found out about the situation and got a lawyer - he fought the cases, got all the citations moved to the brothers name as well as make “notes/red flag” on my husbands name that would alert officers of it in the future. Well he did it again in 11/2019, he received citations, had my husbands license suspended and then got pulled over (crazy how we didn’t even know the license was suspended again to begin with) and got off with “unknowingly driving with suspended license”all of this while we live in Washington state. I found out yesterday since we started receiving ticket repair advertising and I just decided to double check my husbands ID.
What can we do? Can we sue the police dept? My husband is even considering changing his name. We are actually moving back to FL permanently as he would travel for work between the states , and I’m afraid this won’t ever stop
"Can I sue _______" is a civil law question.
Last I checked this was still America, and in America you can sue pretty much anyone for pretty much anything. Whether or not a) you can find a lawyer to sign her / his name to the paperwork, b) your lawsuit survives a motion for summary judgment / to dismiss, c) you get a favorable judgment, d) your defendant is collectable or e) you ever see a dime is both beyond my ability to predict and is anyone's guess.
That said, suing either a law enforcement officer, agency or municipality is both a civil rights question and almost always an uphill battle. You need to have a viable claim, provable damages and, most importantly, a lawyer who is willing to sign her / his name to your paper containing your factual proffer.
Wishing your family luck and hoping that I have been helpful in properly re-directing your question.
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