Legal Question in Personal Injury in Maryland

Late morning on March 3rd, I was driving through manhattan on my way home to Brooklyn. Near the base of the Williamsburg bridge I was signaled and pulled over by a police officer. The officer was non-respondent to my enquiries to why I was stopped and confiscated my license and registration. I was asked to pull out of traffic.

As I came to a final stop, I was surrounded by 3 more patrol cars and 4 police officers rushed my vehicle. I was pulled from the car. I was handcuffed behind my back, stripped of my coat and searched. I was informed I had been driving on a suspended license. I was directed to the back seat of a patrol car and driven to the station.

I was unaware that my license was suspended, not only because I had not received any notification of its suspension, but also because I had no cause for concern that my license should be suspended. I had never performed any criminal act. I had never been arrested or incarcerated in my life and believed I had no cause for concern that I should be.

Upon arrival at the station, I was informed that my license had been suspended by the state of MD for some moving violation. I recalled receiving a speeding ticket in MD more than a year prior for driving seven miles an hour over the posted limit. The violation was a negligent mistake. A fine was determined as appropriate penalty. I was certain I had acknowledged my punishment and paid the fine. In shock of my current predicament, I accepted the treatment and incarceration administered.

After my release, I was able to confirm that I had paid the fine to the state of MD. The check was cashed by MD state on March 3rd, 2010. On April 23rd 2010, they had suspended my license in error. On March 4th 2011, a day after my arrest, my call to MD resulted in apologies by administrators and assurance that my license would be reinstated immediately. The State acknowledged the error.

Because of gross negligence by the MD state, I was pulled from my vehicle in the middle of Downtown NYC traffic, searched, handcuffed and escorted downtown. I was demeaned and humiliated by NYC police. I was incarcerated- denied my constitutional civil and human right to liberty. I was fingerprinted and photographed. I was held without food, water or proper clothing for 3 hours. Because of an �administrative error� made by MD state government.

I cannot believe that such gross negligence can or should be overlooked. That any person�s rights should be confiscated due to such negligence is intolerable. Rights of any law-abiding, tax paying citizen should include the right to exist freely without fear of the random confiscation of their liberty and subjection to emotional trauma and humiliation.

I had no criminal record previously. I had never been arrested. I endured a rare trauma. The humiliation and fear is interminable. The experience has lasting affect.

I was unable to see to my professional responsibilities on the 3rd. I was obliged to neglect my responsibilities on the 4th in order to absolve my record. I have yet to spend a day in court defending my innocence.

I am an NYC artist. I have a public image that has been sullied by the indelicate affair.

My court date interferes with a Film project I am contracted to shoot later this month. The cost due to the loss of work that is resultant is not yet measurable. The damage to my career is immeasurable.

That administrative negligence by a State Government should cause any citizen such loss and trauma should not abide. I have interest in suing the State for emotional and professional damages and to ensure that no one else should ever endure such trauma.

I�m seeking advice on how best to proceed.

Thank you.


Asked on 3/06/11, 3:49 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

You know the answer -- hire a lawyer. The fact that you were held for 3 hours is NOT going to be a recoverable action by the State. That's a reasonable period of time to hold someone -- I know it may have seemed like it to you at the time. The fact that the government took the actions it did, it is still insulated by the principal of sovereign immunity (can't sue the government unless the government consents). Again, Consult a lawyer.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 3/08/11, 4:31 am


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