Sheriff and deputy sued after Greenville (SC) woman was jailed for old, paid speeding ticket

Greenville News ^ | 3/31/206 | David Dykes

[Gamecock]

One of the biggest fears we have in our society is doing what you are supposed to do, being a law-abiding citizen, and being pulled over and arrested and incarcerated for 2½ days for no reason other than a government official didn’t do their job properly,” said Peter Protopapas, one of Carter’s attorneys.

Calm down citizen. That is just the price of keeping the streets of Greenville safe from real crime!</sarc>

[Gamecock]

SC ping worthy?

[Fido969]

and didn’t violate any of Carter’s “clearly established” rights.

Sorry, I guess they missed the "secure in person and papers" right.

[cripplecreek]

Shouldn’t they be suing the court or county officials who actually made the mistake?

[Resettozero]

They need our Sheriff over there but cannot have him.

[manc]

my thoughts too.

[PAR35]

they were employees of a governmental entity and immune from the suit under the South Carolina Tort Claims Act.

So they admit that they were acting under color of law? Sue them in Federal Court. That's where the suit should have been brought, anyway.

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress..."
42 U.S. Code § 1983

[Las Vegas Ron]

If the facts are as stated above are true, I hope she gets millions.

In an ideal world, or a common sense one, the settlement would be paid from the cities public employees pension fund.

[mountainlion]

At least they did not shoot her.

[PAR35]

Almost impossible to sue the judge who issued the warrant.

[Gamecock]

Exactly. Cause right now the citizens will pick up the tab.

[Star Traveler]

Okay, that should be worth about $250,000 ... I hope she gets it!! AND ... FIRE the people involved in all phases of her arrests and detainment. Maybe that will make officials and employees smarter and act more intelligently!

[Secret Agent Man]

They ought to be sued, this woman should win.

[cripplecreek]

And its still not the fault of the arresting officers.

[Secret Agent Man]

No, the county people didn’t physically arrest her and jail her two days.

let the sheriff sue them.

[cripplecreek]

With that kind of stupidity its no wonder conservatives can’t win.

[Ken H]

At least no dogs were shot.

[yarddog]

It also sounds like the original ticket was a bit much too. Speeding less than 10mph over the limit. Just about everyone does that.

[upchuck]

Thanks for the ping.

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