Arrest, Search, Seizure, Warrant Being held in jail over warrent that was lifted

[dayna3d2]

My fiance missed a hearing that he was never notified of in September and a bench warrent was issued. When he spoke to his probabtion officer she explained that she had simply sent the notification of the hearing to the wrong address, rescheduled the hearing and had the bench warrent lifted. Last week he was in a car accident and apparently the system had not been updated because they said the bench warrent was still active and took him to the county jail. He has now been there for six days and has not seen a judge. I have contacted his probation officer and she is of no help although she did confirm that the warrent was in fact lifted on September 24. Can we file a lawsuit for false imprisonment? Also he is disabled and being denied medical treatment.

 

[mightymoose]

It is not false imprisonment. He was taken in under the reasonable belief that the warrant was valid. Was there more than one warrant?
I don't know why it has taken so long to get him in front of a judge though.

If you think that he is being denied treatment or otherwise mistreated in custody, and if you feel his six days in jail are unreasonable, give the DA a call.

 

[dayna3d2]

Thats what I planned to do first thing in the morning.

No there is just the one warrent that was lifted in Sept.