The Wrong Man

CT
Chuck Thompson
Wed, May 13, 2020 5:53 PM

In a win for the good guys, the 6th Circuit today concluded that in a case of mistaken identity that the officer should not be liable because the officer had probably cause. A number of folks were sued and in earlier iterations were let out of the case so the only one left in was the arresting officer who had the wrongly arrested plaintiff in custody for about 3 hours.  Jury verdict - $3.5 million - yikes! Fortunately, the 6th reviewed the facts, found the officer despite being mistaken when he arrested Marvin Seales when he was looking for a man whose alias was Marvin Seals and for whom he clearly had probable cause to arrest also had probable cause to arrest Mr. Searles due to the other facts that informed the officer's decision.  The court concluded that Mr. Seales plight is a sad one complicated by delay associated with Detroit's bankruptcy, but determined that just as Seales was mistakenly arrested, Seales sued the wrong people.  https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0146p-06.pdf

[photo]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

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In a win for the good guys, the 6th Circuit today concluded that in a case of mistaken identity that the officer should not be liable because the officer had probably cause. A number of folks were sued and in earlier iterations were let out of the case so the only one left in was the arresting officer who had the wrongly arrested plaintiff in custody for about 3 hours. Jury verdict - $3.5 million - yikes! Fortunately, the 6th reviewed the facts, found the officer despite being mistaken when he arrested Marvin Seales when he was looking for a man whose alias was Marvin Seals and for whom he clearly had probable cause to arrest also had probable cause to arrest Mr. Searles due to the other facts that informed the officer's decision. The court concluded that Mr. Seales plight is a sad one complicated by delay associated with Detroit's bankruptcy, but determined that just as Seales was mistakenly arrested, Seales sued the wrong people. https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0146p-06.pdf [photo] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image003.jpg@01D6292D.40522240]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D6292D.40522240] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.jpg@01D6292D.40522240] <http://twitter.com/imlalegal> [cid:image006.jpg@01D6292D.40522240] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240)-876-6790 Direct (202)-742-1016 W www.imla.org<http://www.imla.org> Plan Ahead! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA's 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC!