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Man sues over mistaken identity detention

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A restaurant owner from Illinois filed a federal lawsuit this week after a case of mistaken identity led to a three-day detention in a Lake County jail in April 2007.

Jose G. Gonzalez is suing Lake County, Ind., the county board of commissioners, Sheriff Roy Dominguez, jail warden Bennie Freeman, and various other unknown police officers and jail employees for his unlawful detention. Gonzalez, an Illinois resident, was driving in Lake County when he was pulled over for a traffic violation. After running his name, the police officer discovered a "hit" for another Jose Gonzalez with the same birthday who was wanted in Georgia. Despite his claims he wasn't the same person they wanted and the fact the Illinois Gonzalez looked nothing like the photograph of the wanted man, police took Gonzalez to the Lake County jail.

While in jail, Gonzalez's father tried to get him released, but was told by jail officials that he couldn't do anything and that Gonzalez was going to be extradited to Georgia in a few weeks. After three days in jail, Gonzalez was released without access to his car, cell phone, wallet, credit cards, or money. He wasn't allowed to use a phone and had to walk nearly 10 miles to his restaurant in Lake County. Nearly a month later, Gonzalez was detained again by police after running a check on his car and the same "hit" coming up about the Georgia Gonzalez.

In Jose Guadalupe Gonzalez v. Lake County, Ind., et al., No. 2:09-CV-091, Gonzalez is suing for multiple federal and state constitutional violations, including false imprisonment, detention and confinement, intentional infliction of emotional distress, and unlawful discrimination. He's asking for a jury trial and $300,000 in actual, general, and compensatory damages, including lost income for his business while he was in jail, and punitive damages of $1 million.

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

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