El Paso man mistakenly spends a week in jail after identity mix-up; Sheriff lacks response

By Brock Benjamin
Founding Attorney

“Otero County may have some liability,” said El Paso attorney Brock Benjamin.

Benjamin says he’s seen this happen where the wrong person sits in jail for a few days, but he says a week is rare.

“The interesting thing for my point of view would be whether it is negligence… Or whether there is some kind of active, ‘no, I swear I did this, and this is what I did. My job is to take fingerprints, and I took the fingerprints…’ that is an intentional act, and that is what could probably lead to some remedies later on in the civil world,” Benjamin told KFOX14.

See the KFOX Article and Interview here
The interview starts at 2:26

About the Author
Brock Benjamin is board-certified in Criminal Law by the Texas Board of Legal Specialization.  His practice is primarily state and federal criminal law and appeals.Brock 

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