Legal Question in Legal Ethics in Nebraska

I Intentionally Arrested The Wrong Man

I had been having a sexual affair with a woman whose husband was not aware of the relationship. One day I was called to a disturbance in which her husband had premeditatedly attacked the man across the street from them whom they hate with a vengence.

The man's injuries were apparent, and my lover's husband had none. I knew I arrested the wrong man but was so infatuated with the assailant's wife at the time that I did not think straight. I also knew the victim had filed a complaint with Internal Affairs against one of our officers for an earlier arrest and I was looking to score points with my commanding officer.

I not only arrested the victim in this case, despite a witness who lived next door to him claiming he was the victim, but also harassed the man in the cruiser poking questions at him implying he was a pervert, cross dresser, and drunk.

I was cleared of wrong doing as usual by Internal Affairs.

My former lover now dates another woman at our department.

Will I be fired for intentionally arresting the wrong man? Will I go to jail? My former lover and her husband are under investigation for a number of other crimes by an agency beyond Omaha Police Division control. Thank you.


Asked on 2/22/03, 3:16 pm

1 Answer from Attorneys

Kyle Doviken Doviken and Ditsch

Re: I Intentionally Arrested The Wrong Man

If IA learns of the entire truth you probably will be terminated. My advice would be to not disclose anything that might tend to incriminate you. If you are trying to save your job, say nothing, and get an attorney to assist with you defense.

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Answered on 2/22/03, 4:00 pm


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