A personal injury lawsuit has been filed against the city of Lynn and the Lynn Police Department - naming some of its officers - for an incident of false arrest that escalated to hours in a jail cell, court appearances, and embarrassment for a Lynn grandmother.
G.C. was falsely arrested by a Lynn officer a year ago. He handcuffed her, took her in his police cruiser and finally, deposited her in a holding cell with accused criminals waiting to be heard at the Lynn District Court.
G.C.'s attorney, Paul Anthony, spoke to police and explained their error, but allegedly was told "let the court system take its course."
The suit was filed December 15.
It all began like this: A woman reported an incident of assault to the Lynn police on August 13. She claimed that three women, including one named G.C., were to blame.
The woman she meant to name was G.C.'s daughter, who she wrongly believed shared her mother's exact name.
R.P., the investigator, though failing to find the name G.C. within DMV records, found G.C.'s name listed as living in the residence that the victim had claimed the abuse had occurred in.
G.C. said that her daughter doesn't live with her.
Then, without a birth date, or any other form of identification at hand, R.P. was able to get an arrest warrant for felony assault and battery with a dangerous weapon.
After receiving the warrant in the mail, Anthony advised G.C. to go to court. On August 23, 2010 she was taken into custody at Lynn District Court. G.C. said, "They cuffed me, they put me through the booking. I couldn't believe it. I almost passed out. Paul caught me. I was crying in his arms. I couldn't believe they could do that. The paper said if I came in I wouldn't be arrested."
G.C. said that she was taken to a holding cell "with a bunch of criminals" before going back to the police station, and then, to court - in leg shackles and handcuffs.
Anthony said that at this time "She's looking at me, and the tears are rolling down her face."
The judge released G.C. as soon as Anthony had the opportunity to explain what had occurred. She was never arraigned on the charge. The judge ordered that the police purge any data they had collected in reference to G.C.'s booking.
The arrest appeared in the Lynn Daily Item newspaper.
G.C. said, "Nobody would listen to us. It's like you're guilty and you have to prove yourself innocent."
Anthony notified the city of impending litigation if they failed to settle. The law gives the city six months to respond, Anthony gave them twelve.
Sought in the lawsuit is a minimum of $100,000 in damages from the city and two Lynn police officers. The are cited for their negligent infliction of emotional distress and negligence, along with violating her civil rights, malicious prosecution and a claim of battery.
Always contact a personal injury lawyer in any case where someone has caused you to suffer with emotional or physical injuries.