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ARTICLE ID 195824

$________ – Police Liability – Man sues after cop accuses him of drunk driving – Alleged violation of rights under U.S. Constitution.

U.S. District Court, New jersey

In this police liability action, a police officer was accused of malicious prosecution relating to a drunk driving charge. The matter was resolved via settlement.

On June 25, ________, the plaintiff, Arthur P., was driving on U.S. Route ________ when he was invoked in multiple collisions with street signs and a utility pole. When Byram Officer, John D., responded to the incident, the plaintiff was immediately arrested and charged with drunk driving. The plaintiff later argued that this was done, despite no odor of alcohol being present. He was taken to the hospital and was subjected to an involuntary blood test, which showed his having taken prescribed medications given to enhance his functioning, but would not have caused impairment. The plaintiff was tried for and found not guilty of drunk driving.

The plaintiff filed suit in the Superior Court of Sussex County against defendant, Byram Township. The defendant township was accused, through its officer, of violating plaintiff’s rights under the First and Fourteenth Amendments of the U.S. Constitution through malicious prosecution for drunk driving, as well as having him denied proper medical treatment at the hospital by insisting he was a drunk driver and drawing his blood without his written consent or a search warrant.The matter was resolved via settlement for $________.

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