Woman sues city over case of mistaken identity
A woman who spent three hours in jail after being arrested on an improperly issued Lakewood warrant has filed a civil lawsuit against the city in county court seeking at least $25,000 in damages. (Read the entire complaint .PDF)
According to the Lakewood Municipal Court docket, police officer Patrick Mullen issued a citation to Jill A. Stewart, of 13542 Detroit Rd., apt. 4, on December 2, 2008 for having a loose dog.
A summons to appear in court was mailed to her address via certified mail, and was not returned. It was sent again via regular mail, but received no response.
Based on information provided by the city’s law department, the court issued a non-appearance arrest warrant for Stewart on February 3, 2009.
On March 12, 2009, Euclid resident Jill Ann Stewart was in front of a Mayfield Heights daycare to pick up her daughter when police there arrested her on the warrant. She was held for Lakewood police for three hours until her friend posted bond.
Five days later, Lakewood’s prosecutor dropped the charges against Euclid’s Jill Ann Stewart due to mistaken identity.
Stewart’s lawsuit alleges that the police officer who issued the original citation “never met the Ms. Stewart that he was attempting to issue the citation to, nor did he have a correct address of that Ms. Stewart, nor did he have any other identifying factors about the person to whom the citation was issued.”
Stewart alleges that the city “illegally and improperly” used the State of Ohio Law Enforcement Automated Data Systems (LEADS) to identify the subject of the citation.
The act of being “arrested, handcuffed, and paraded in front of her daughter’s school companions, parents, and teaching staff,” the lawsuit says, has humiliated Stewart, caused her “mental anguish” and “fear and distrust of police and police action.” It also violated her Fourth Amendment rights to be free from illegal search and seizure, the complaint claims.
The city of Lakewood hasn’t yet responded to the lawsuit, so it’s difficult to guess what their version of events will be.
For what it’s worth, the crime blotter from December 1, 2008 notes the following:
13833 Clifton – Hathaway
Animal – miscellaneous.
Complainant said he was walking his dog and another dog not on a leash attacked his dog. Complainant will call back when the downstairs tenants return. Written report. 18:37 hours.
| 12/1/2008 | 13833 Clifton – Hathaway | Animal – miscellaneous. Complainant said he was walking his dog and another dog not on a leash attacked his dog. Complainant will call back when the downstairs tenants return. Written report. 18:37 hours. |
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