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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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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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