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false imprisonment

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AdviseMe

Junior Member
What is the name of your state (only U.S. law)? MO

A friend of mine was arrested a few months back for speeding and did not have her proof of insurance at the time. She was given a ticket and later appeared in court at which time the case was dropped against her. Last week she was stopped by a policeman who said that he just randomly ran her plates and found that there was a warrant out for her arrest for not appearing in court for the case mentioned above. She tried to explain to the officer that he was mistaken and that she had appeared in court and the case was dropped. He arrested her and she was imprisoned for three days. When arriving to the jail they left her in the "pit" with other criminals for approximately ten hours and she said she was deeply scared. She later found out that it was not typical procedure to keep someone in the "pit" and she should not have been left there. With her only call she called to her work for someone to let people know she was unable to come in. When anyone tried to reach her she was not allowed to speak to them. She later asked to take a shower and was granted this access. While she was showering a lady she described as looking drunk or strung out came in and was staring at her and continued walking toward her, which deeply scared her. A man that she described as looking drunk also came in and my friend became so scared that she fainted. They had to carry her up to her room. She bagan crying uncontrollably. After being held for three days they came and got her and told her she was correct, the case had been thrown out and she had been imprisoned by mistake. She was released at that time. She is wondering if she has any sort of case here? If for nothing else, she missed 2 days of work and lost those wages. She is a college student that works and goes to school and depends on the wages to live and pay for her schooling. I appreciate any advice you can give. She wanted to get some professional input for free before seeking legal counsel as she does not have the money to pay for that type of advice if she has no case. Thank you!
 


CJane

Senior Member
It's unlikely she has a case. It's perfectly lawful in MO for a person to be held for 20 hours w/out charges being filed. It's perfectly lawful, in fact, to be held w/out being allowed to make phone calls, w/out being informed about WHY you're being held, etc.

While it certainly sounds like your friend was held for more than 20 hours, it's still unlikely she'd have a civil suit against the city or the department.
 

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