Woman Jailed Due to Mistaken Identity

Jacqueline Renell Charles was arrested in a traffic stop after an officer found a warrant out for her in Mississippi. Charles says she was booked and spent one week in a Louisiana jail before being moved to another jail in Mississippi.

On December 2, officers realized that she wasn't the suspect, and she was released. Officials said the original defendant had the name "Earl" tattooed on her arm, but Charles didn't have any tattoos. Furthermore, The Jackson County District Attorney's Office realized the original suspect's name was Jacqueline Marie Charles, and that her birth day and Social Security number didn't match those of Jacqueline Renell Charles.

Comments from Allen:  You would not believe how often people are jailed for crimes they did not commit, or for a case of mistaken identity, and even how many people spend time in prison long after their sentences have been served.

For anyone who has suffered this wrong, the remedy might be found under state law or a federal suit for violation of Constitutional rights. There are more opportunities to recover if the state in which the wrongful imprisonment occurs allows such suits against the state. Idaho is one state in which such suits are not allowed under the Idaho State Tort Claims Act, Section 6-904(3), which prohibits any suit against any state entity in Idaho which "Arises out of assault, battery, false imprisonment, false arrest, malicious prosecution...."

I, for one, believe Idaho has acted against the rights of its citizens in prohibiting such suits, and restricting recovery for Idaho citizens to cases involving the narrower category of violations of U.S. Constitutional rights. One tricky element of such a suit is that it cannot be brought against a state entity, but only against the flesh-and-blood person who actually performed the arrest or was responsible for keeping the plaintiff wrongfully locked up. The good news is that there is usually insurance covering the individual who does the bad act. The bad news is, suits brought under federal law are much tougher to win and are always removed to federal court.

Since Ms. Charles was arrested in Louisiana and apparently extradited to Mississippi, to what extent she can claim damages is determined under the 42 USC 1983, as well as Louisiana law and Mississippi law.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://bigstory.ap.org/article/f009c85ac2144578b64ee8f63310013f/woman-jailed-2-weeks-case-mistaken-identity

http://www.sunherald.com/news/local/counties/jackson-county/article47879695.html

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