# 25-year-old Black man files lawsuit after being mistaken for a 51-year-old white man with the same name and imprisoned for 6 days **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [January 24, 2022, 3:10am UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294 "2022-01-24T03:10:16Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![ekedolphin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ekedolphin/32/10003_2.png) [@ekedolphin](https://boards.straightdope.com/u/ekedolphin)\ **Post date:** [January 24, 2022, 3:10am UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/1 "2022-01-24T03:10:16Z")
[https://www.msn.com/en-us/news/crime/a-25-year-old-black-man-files-lawsuit-after-he-was-misidentified-while-police-sought-a-white-suspect/ar-AAT48s9?ocid=msedgntp](https://www.msn.com/en-us/news/crime/a-25-year-old-black-man-files-lawsuit-after-he-was-misidentified-while-police-sought-a-white-suspect/ar-AAT48s9?ocid=msedgntp) The two men don’t look _anything_ alike. As I stated, they’re not even the same ethnicity. The cops screwed the pooch big-time on this one. Don’t arrest warrants have identifying information on them? Reminds me of a scene from _Dude, Where’s My Car?_ [![](https://i.imgur.com/TG2yuJJ.jpg) ](https://i.imgur.com/TG2yuJJ.jpg) ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [January 24, 2022, 4:32am UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/2 "2022-01-24T04:32:51Z")
I saw that news yesterday. Haven’t seen any further follow-up yet. Before there’s any follow-up, who wants to place their bets as to what happens? I bet he loses his lawsuit (or it gets thrown out without ever going to trail) because “qualified immunity” or some such nonsense. The police can do no wrong! ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [January 24, 2022, 6:42pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/3 "2022-01-24T18:42:12Z")
If justice is blind, perhaps the cops felt they should be as well? ---
**Author:** ![Q.Q.Switcheroo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/q.q.switcheroo/32/5713_2.png) [@Q.Q.Switcheroo](https://boards.straightdope.com/u/Q.Q.Switcheroo)\ **Post date:** [January 24, 2022, 6:48pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/4 "2022-01-24T18:48:15Z")
You’d think we would have learned from the Wrong Guy Incident: > **[Guy Goma BBC interview](https://en.wikipedia.org/wiki/Guy_Goma)** > > Pages for logged out editors learn more > > > Guy Goma (born 1969) is a Congolese-French business studies graduate from Brazzaville in the Republic of the Congo who was accidentally interviewed live on BBC News 24, a UK television news station, on Monday 8 May 2006. Goma was mistaken for technology expert Guy Kewney when he attended the BBC for a job interview and was brought onto a BBC special regarding the case Apple Corps v Apple Computer to provide insight on a subject he knew little abo... ---
**Author:** ![ekedolphin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ekedolphin/32/10003_2.png) [@ekedolphin](https://boards.straightdope.com/u/ekedolphin)\ **Post date:** [January 24, 2022, 6:56pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/5 "2022-01-24T18:56:07Z")
I’d never heard of that before. Brilliant. And he did surprisingly well. He was even startlingly prescient. [![](https://img.youtube.com/vi/e6Y2uQn_wvc/hqdefault.jpg "Guy Goma: 'Greatest' case of mistaken identity on live TV ever? BBC News") ](https://www.youtube.com/watch?v=e6Y2uQn_wvc) ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 24, 2022, 7:02pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/6 "2022-01-24T19:02:48Z")
> [@Senegoid](#): > > I bet he loses his lawsuit (or it gets thrown out without ever going to trail) because “qualified immunity” or some such nonsense. The police can do no wrong! _Qualified immunity_ is not what you seem to think it is. It prevents i_ndividual_ police officers from being sued if they are doing their duty and following the rules, even if they screw up and make a mistake. Qualified Immunity applies to _all_ public servants, including for example- sewer workers, and is necessary. It does not impede criminal charges. People can and do sue the Departments and the Government all the time for Police misconduct- and sometimes they win. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [January 24, 2022, 7:51pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/7 "2022-01-24T19:51:04Z")
> [@DrDeth](#): > > _Qualified immunity_ is not what you seem to think it is. > > [. . .] > > People can and do sue the Departments and the Government all the time for Police misconduct- and sometimes they win. Well, you’re not necessarily wrong about what I may think “qualified immunity” is or isn’t. Hey, IANAL. My remark may be partially about what I think “qualified immunity” is, but it’s more about my general level of cynicism over people’s civil rights vs. out-of-control police powers. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 24, 2022, 8:12pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/8 "2022-01-24T20:12:23Z")
And there you have an excellent point. But QI is a good thing. ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [January 24, 2022, 8:25pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/9 "2022-01-24T20:25:45Z")
I think qualified immunity extends a bit further than you think [https://media.ca11.uscourts.gov/opinions/pub/files/201715566.pdf](https://media.ca11.uscourts.gov/opinions/pub/files/201715566.pdf) describes a case in which a police officer, in attempting to shoot a dog that was not threatening him, shot a child lying on the ground at his order. The officer was deemed immune from a lawsuit for the child’s ongoing suffering, on the grounds that there was no previous case making it clear that shooting someone by accident was bad - and thus that qualified immunity applied. Police got by without qualified immunity until 1967, by the way. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 24, 2022, 8:46pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/10 "2022-01-24T20:46:46Z")
Nope, that is exactly what I think. _The officer was deemed immune from a lawsuit…_ The Police dept could be sued. The Officer could face criminal charges or be fired, etc. And what exactly is the use of suing a single cop for $2M? He doesn’t have it, he can’t pay it. Just sue the dept- they have it, they can pay it and they are not immune. ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [January 24, 2022, 8:56pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/11 "2022-01-24T20:56:47Z")
She did sue the department - but since the deputy was adjudged as not having done anything legally wrong, the case will not move forward (unless I am much mistaken). ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 24, 2022, 9:45pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/12 "2022-01-24T21:45:48Z")
No, the deputy was not judged as no wrong doing. The courts more or less ruled that his error did not rise to the level of a crime or a violation of procedures, etc. People sue the departments all the time, and sometimes win. However, Google just shows the QI case over and over, I had no real interest in a deeper dive. Perhaps someone could start a thread just about qualified immunity ? I am not sure if the debate belongs in this thread. ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [January 24, 2022, 10:06pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/13 "2022-01-24T22:06:33Z")
> [@DrDeth](#): > > The courts more or less ruled that his error did not rise to the level of a crime or a violation of procedures, etc. And if he didn’t commit a crime or a violation of procedure, how can the parents sue the county? > [@DrDeth](#): > > People sue the departments all the time, and sometimes win. However, Google just shows the QI case over and over, I had no real interest in a deeper dive. Ok. ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [August 6, 2023, 6:22pm UTC](https://boards.straightdope.com/t/25-year-old-black-man-files-lawsuit-after-being-mistaken-for-a-51-year-old-white-man-with-the-same-name-and-imprisoned-for-6-days/958294/14 "2023-08-06T18:22:10Z")
Wrong; Qualified immunity also protects the city from lawsuit, as in this case > **[23a0156p-06.pdf](https://www.opn.ca6.uscourts.gov/opinions.pdf/23a0156p-06.pdf)** > > 161.73 KB > No. 22-1681 Linden v. City of Southfield, Mich. Page 2 > > * * * > > OPINION > > * * * > > JULIA SMITH GIBBONS, Circuit Judge. Emergency medical personnel in Southfield, Michigan, pronounced Timesha Beauchamp dead when she was still alive. Beauchamp was placed in a body bag and transported to a funeral home, where an embalmer discovered that she was not dead. Beauchamp was hospitalized and died about six weeks later. Howard Linden, the > administrator of Beauchamp’s estate, sues the City of Southfield (the “City”) and individual emergency medical personnel for their actions, which he says violated Beauchamp’s constitutional rights. The district court found that Linden failed to plead a constitutional violation and accordingly granted the defendants-appellees’ motion to dismiss Beauchamp’s claims. Because the individual defendants-appellees in this case are entitled to qualified > immunity, and because the City is not liable for any constitutional violation, we affirm the district court on alternative grounds. So the EMTs are in the clear because of qualified immunity, and the City is in the clear because the City didn’t do anything wrong and no one is held responsible for this gross outrage. Who should the estate sue?