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Judge removes borough cop from lawsuit

Posted 12/10/13

 

A U.S. District Court judge has removed Middletown Police Officer Andrew Crone from a civil rights lawsuit involving a case of mistaken identity that allegedly led to the arrest of the wrong brother in 2011.

According to a complaint …

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Judge removes borough cop from lawsuit

Posted

A U.S. District Court judge has removed Middletown Police Officer Andrew Crone from a civil rights lawsuit involving a case of mistaken identity that allegedly led to the arrest of the wrong brother in 2011.


According to a complaint filed by Mexican citizen Ever Perez, a former Harrisburg resident, his brother Jose was arrested by state police for driving under the influence of alcohol but used Ever’s Mexican identification to identify himself.

 

A warrant was issued for Ever Perez’s arrest after he failed to respond to a court summons on the DUI charge – he claims he never saw the summons. Crone executed the warrant on June 11, 2011 after stopping Ever Perez for speeding, according to the complaint.

 

Ever Perez underwent a series of court proceedings before being cleared of wrongdoing on Nov. 19, 2011, according to the complaint.

 

He sued a long list law enforcement officers, including Crone, judges, and other defendants in June for actions stemming from the incident.

 

Crone moved to have the charges dismissed because Ever Perez was named in the warrant he executed, and he could not have been expected to know that the warrant was issued for the wrong brother.  Judge Sylvia Rambo agreed, removing Crone from the list of defendants on Nov. 25.

 

Daniel Walmer: 717-944-4628, or danielwalmer@pressandjournal.com