ALBUQUERQUE, N.M. (AP) — The 10th Circuit Court of Appeals in Denver has ruled that the arrest of an Albuquerque family in 2013 was illegal.
The Albuquerque Journal reports that school principal Stephen Maresca and his family was arrested after a hike in 2013 when a rookie Bernalillo County Sheriff’s Office deputy typed in a wrong license plate number. The court ruled also month that the arrest was illegal, reversing an earlier decision.
The case has been sent back to federal district court for a jury to determine whether the officers used excessive force in the arrest.
The Appeals Court decision says it was not just the typo that puts Bernalillo County on the hook, but the fact that the deputy couldn’t notice the difference between Maresca’s truck and the different make and model that was reported stolen.