ILNews

Man sues over mistaken identity detention

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

ADVERTISEMENT