Plaintiff stated a claim against officer for procuring an arrest warrant based on name alone when it turned out that there were more than one person in the geographical area with that name. \u201cBasing probable cause solely on a similarity of name could create a substantial risk of error,\u201d and it qualifies as reckless disregard. Parks v. Town of Leicester, 2012 U.S. Dist. LEXIS 78973 (D. Mass. June 7, 2012)*:<\/p>\n
Nonetheless, it is troublesome that Fontaine, in concluding that plaintiff was the assailant, relied on the mere coincidence that the name that the victim provided matched the name in the database. The probability of multiple persons with the same name residing in a single geographic region–at least one as populous as Worcester County–is not negligible. Basing probable cause solely on a similarity of name could create a substantial risk of error. Arguably, an officer who pursued such a practice would be acting in reckless disregard of the truth.<\/p><\/blockquote>\n
Plaintiff alleged enough facts to stay in court that the police called to aid a repossession of a vehicle converted private action into state action. Morozov v. Howard County, 2012 U.S. Dist. LEXIS 77767 (D. Md. June 5, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7261","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7261","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7261"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7261\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7261"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7261"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7261"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}