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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. The $320,000 is the amount the school spent in litigating two lawsuits: One to release the report involving John Trimble (as noted in the story above) and one defending the discrimination lawsuit. The story above does not mention the amount spent to defend the discrimination suit, that's why the numbers don't match. Thanks for reading.

  2. $160k? Yesterday the figure was $320k. Which is it Indiana Lawyer. And even more interesting, which well connected law firm got the (I am guessing) $320k, six time was the fired chancellor received. LOL. (From yesterday's story, which I guess we were expected to forget overnight ... "According to records obtained by the Journal & Courier, Purdue spent $161,812, beginning in July 2012, in a state open records lawsuit and $168,312, beginning in April 2013, for defense in a federal lawsuit. Much of those fees were spent battling court orders to release an independent investigation by attorney John Trimble that found Purdue could have handled the forced retirement better")

  3. The numbers are harsh; 66 - 24 in the House, 40 - 10 in the Senate. And it is an idea pushed by the Democrats. Dead end? Ummm not necessarily. Just need to go big rather than go home. Nuclear option. Give it to the federal courts, the federal courts will ram this down our throats. Like that other invented right of the modern age, feticide. Rights too precious to be held up by 2000 years of civilization hang in the balance. Onward!

  4. I'm currently seeing someone who has a charge of child pornography possession, he didn't know he had it because it was attached to a music video file he downloaded when he was 19/20 yrs old and fought it for years until he couldn't handle it and plead guilty of possession. He's been convicted in Illinois and now lives in Indiana. Wouldn't it be better to give them a chance to prove to the community and their families that they pose no threat? He's so young and now because he was being a kid and downloaded music at a younger age, he has to pay for it the rest of his life? It's unfair, he can't live a normal life, and has to live in fear of what people can say and do to him because of something that happened 10 years ago? No one deserves that, and no one deserves to be labeled for one mistake, he got labeled even though there was no intent to obtain and use the said content. It makes me so sad to see someone I love go through this and it makes me holds me back a lot because I don't know how people around me will accept him...second chances should be given to those under the age of 21 at least so they can be given a chance to live a normal life as a productive member of society.

  5. It's just an ill considered remark. The Sup Ct is inherently political, as it is a core part of government, and Marbury V Madison guaranteed that it would become ever more so Supremely thus. So her remark is meaningless and she just should have not made it.... what she could have said is that Congress is a bunch of lazys and cowards who wont do their jobs so the hard work of making laws clear, oftentimes stops with the Sups sorting things out that could have been resolved by more competent legislation. That would have been a more worthwhile remark and maybe would have had some relevance to what voters do, since voters cant affect who gets appointed to the supremely un-democratic art III courts.

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