(CN) - An Illinois man arrested in a case of mistaken identity can’t sue the city of Peoria for its allegedly unconstitutional practice of arresting people over outstanding parking tickets, the 7th Circuit ruled. Judge Posner said the plaintiff’s due process argument "hovers on the brink of the preposterous."
Joseph Thomas sued Peoria and a city lawyer for false arrest and abuse of process, claiming he was mistakenly arrested in lieu of a man named Joshua Thomas, who had an outstanding warrant. Though the names and addresses were different, the arrest warrant listed the number of Joseph's driver's license. Thomas was booked and released on a $100 bond, and the charges were later dismissed. ... According to Thomas, the city should have notified him that he would be arrested for failure to pay parking tickets. "Since he didn't fail to pay his parking tickets, the notice could not have helped him," Posner wrote. "What he should as a matter of logic be arguing (though it would not be a winning argument either) is that the city should have notified him that its policy of arresting people for not paying parking tickets is clumsily administered, with the result that people who do pay their parking tickets, or for that matter never get parking tickets, had better watch out." Posner added: "The implication would be that if he had received such a warning maybe he would have stopped driving." The court affirmed dismissal of the case."
I really like Judge Posner!