WEST PALM BEACH, Fla. (Legal Newsline) - A woman with an unlucky name is suing a Florida city after she was arrested for a crime allegedly committed by someone with the same name.
Melissa Hernandez filed a lawsuit May 15 in Palm Beach County Circuit Court against the City of Riviera Beach, alleging negligence and violation of the Public Records Act.
Hernandez claims that Officer Emory Charles Davis Jr. wrongfully identified her as a suspect in a burglary case due to an error in the probable cause affidavit, leading to her wrongful arrest and subsequent detention for four days.
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In the burglary, which occurred June 6, 2022, a firearm was stolen. RBPD took fingerprints from the scene that identified a different Melissa Hernandez, though the plaintiff Hernandez was arrested. Plaintiff Hernandez is 25 years older than the suspect Hernandez.
Despite notifying Officer Davis of the mistaken identity, he proceeded with the arrest, the suit claims. Hernandez also asserts that the City failed to respond to her public records request regarding her claims, violating Chapter 119 of Florida Statutes.
Craig Lawson represents Hernandez.