False arrest statute of limitations

undefinedWhat is the name of your state? I live in Utah, My husband was arrested on drug charges one night when he went into a police department to his great suprize. He was detained for 4 days and treated quite badly. He tried to explain to the police that he had no idea what they are talking about, and they mocked him. He was in tears. He was released and the courts dropped the charges with an apology because it was his brother that had been caught in a drug raid, used his name and was released without being taken in to confirm identity. This was about three years ago, can we sue the county or the police department for false arrest, false inprisonment, mental distress, and embarassment? Thank you in advance for your thoughts.

[CdwJava]

Probably not.

For one thing, chances are the SOL has expired a long time ago. For another, if the arrest was made with probable cause (i.e. on a warrant with HIS name and particulars on it), then there is no false arrest. The arrest would have been lawful. He might have been able to sue his brother, and the police might have been able to charge his brother with additional crimes for furnishing the false info, but suing the police for a lawful arrest? Not likely.

And, here's the key question - Why now? Why is it an issue 3 years after the fact? It would certainly make an attorney think that this is a chase for cash and not for justice since such a long time has passed.

- Carl