Pennsylvania Record

Tuesday, September 17, 2019

Delaware County lawsuit accuses State Police of violating criminal history law


By Bree Gonzales | Sep 12, 2018

MEDIA — A Delaware County resident is suing the Pennsylvania State Police alleging that he was arrested and held in jail for three days based on an invalid warrant with incorrect information.

William Greene filed a complaint on Aug. 27, in the Court of Common Pleas of Delaware County against the Pennsylvania State Police, alleging that he was arrested and held without probable cause. He is claiming violation of the Criminal History Record Information Act.

Greene is seeking more than $50,000 in damages.

The plaintiff alleges that he was arrested on a warrant in March 2017 because of incorrect information in the Central Repository Record for the Pennsylvania State Police. He was jailed for three days while his parents arranged for a bond, according to court documents.

He claims the arrest was based on an invalid warrant that contained incorrect record information maintained by the state police. Greene claims that the record showed he pleaded guilty to a felony, when a jury had acquitted him in the case in December 2004. In 2006, a court ordered that his record should be expunged, according to court documents.

He is claiming violations of his civil rights, including but not limited to the Fourth Amendment, for unlawful arrest without probable cause; and the Fourth and Eighth Amendment, for incarceration with excessive bail for three days.

He also claims violation of his Second Amendment rights, for gun application consideration, and of his Fifth Amendment rights to due process rights for prompt preliminary hearing correction. The plaintiff claims the errant charges should have been recognized and immediately withdrawn without any preliminary hearing appearances.

The plaintiff holds the Pennsylvania State Police responsible because the defendant allegedly held plaintiff against his will and took him into custody without his consent or legal justification, according to court documents.

The plaintiff requests a trial by jury and seeks compensatory damages in excess of $50,000.00 plus punitive damages, together with counsel fees and the interest and costs of this action. He is represented by Nicholas Guarente Glen Mills, PA.

Court of Common Pleas of Delaware County Case number 2018 0668512

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Delaware County Court of Common Pleas Nicholas Guarante Pennsylvania State Police

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