CHARLES CITY (AP) - A Rudd woman has filed a federal lawsuit claiming she was wrongfully arrested and then jailed for four days after her name was mistakenly typed on a warrant.
Billie J. Struckman filed the lawsuit earlier this week against Floyd County, Clerk of Court Barbara Fuls, former court employee Yolanda Mensenk, Sheriff Rick Lynch and Deputy David Kelley.
According to the lawsuit, Struckman's name was listed on an arrest warrant intended for her son's father, who failed to appear for a contempt hearing on a failure to pay child support charge.
The lawsuit claims that Mensenk incorrectly typed Struckman's name on the arrest warrant. The warrant, along with a judge's order were given to the sheriff's office, and Struckman was arrested by the deputy in September 2007. She was held for four days until her attorney, Marilyn Dettmer, noticed the discrepancy and a judge ordered Struckman's release.
In the lawsuit, Struckman claims she tried repeatedly to tell the deputy and employees at the jail that the wrong person had been arrested. She pointed out to them the court order required a man to be arrested and that she was not a man, the lawsuit states.
"Nonetheless, neither defendant Kelley, nor jailers … made any effort to determine … the plaintiff was not the person ordered to be arrested," the lawsuit said.
Struckman claimed unreasonable seizure and detention by Mensenk and Kelley; and negligence by Mensenk, Fuls, Kelley and Lynch.
She is seeking damaged for lost income for missing work, medical expenses for treatment after she was incarcerated, emotional stress and for being negligently arrested and detained.
Floyd County Attorney Jesse Marzen declined comment.
Sheriff Rick Lynch said on Thursday that his office was only following the warrant and that nobody in his office was at fault.
"It had nothing to do with our office," he said. "The judge signs warrants, sends them to my office and a deputy went out and booked in the facility.
"How can we deal with an error that happens before our office?" Lynch said. "Was the error made in my office or by my deputy? I say no, it wasn't."
Mensenk no longer works in the Floyd County Clerk of Court's office. Fuls referred questions to district court administrator Scott Hand, who declined comment on Friday, saying he hadn't seen the lawsuit.
Posted in Breaking_news on Friday, October 10, 2008 12:00 am
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