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Georgia Man Falsely Arrested by Bond Agent Awarded $5,172
On December 3, 2002, a man jailed after being mistakenly identified by a
bond agent was awarded $5,172 in damages by a superior court in Fulton
County, Georgia.
Plaintiff Charles Leeks was arrested at his place of employment by an
agent of Always Bonding, a bail bond company, in connection with an
outstanding traffic warrant. The agent took Leeks to the police station
where Leeks was placed in jail. Leeks was released the following morning
after fingerprinting revealed he had been mistakenly arrested. The bond
was in fact for Leeks' brother, who had allegedly given Leeks' name when
being ticketed for a traffic offense.
Leeks sued Always Bonding alleging false arrest and false imprisonment.
Specifically, Leeks claimed that he was arrested by mistake, that the
agent had no authority to arrest him because the ticket had been paid
prior to his arrest, and that the mistaken arrest based on the description
in the bond file was not reasonable since Leeks was five inches shorter
than his brother. Leeks presented expert testimony from Mark Cain of
Bonding Business in Atlanta, Georgia.
Always Bonding defended, claiming (1) it was unaware that the ticket had
been paid, and (2) the mistaken identity was reasonable considering the
family resemblance between the brothers.
Leeks prevailed on his claims and was awarded $5,172 in damages ($172
compensatory and $5,000 punitive) by the jury. Leeks was represented by
Glenda S. Cook of Atlanta. See: Leeks v. Always Bonding, Inc., Fulton
County Superior Court, Case No. CV 28542.
bond agent was awarded $5,172 in damages by a superior court in Fulton
County, Georgia.
Plaintiff Charles Leeks was arrested at his place of employment by an
agent of Always Bonding, a bail bond company, in connection with an
outstanding traffic warrant. The agent took Leeks to the police station
where Leeks was placed in jail. Leeks was released the following morning
after fingerprinting revealed he had been mistakenly arrested. The bond
was in fact for Leeks' brother, who had allegedly given Leeks' name when
being ticketed for a traffic offense.
Leeks sued Always Bonding alleging false arrest and false imprisonment.
Specifically, Leeks claimed that he was arrested by mistake, that the
agent had no authority to arrest him because the ticket had been paid
prior to his arrest, and that the mistaken arrest based on the description
in the bond file was not reasonable since Leeks was five inches shorter
than his brother. Leeks presented expert testimony from Mark Cain of
Bonding Business in Atlanta, Georgia.
Always Bonding defended, claiming (1) it was unaware that the ticket had
been paid, and (2) the mistaken identity was reasonable considering the
family resemblance between the brothers.
Leeks prevailed on his claims and was awarded $5,172 in damages ($172
compensatory and $5,000 punitive) by the jury. Leeks was represented by
Glenda S. Cook of Atlanta. See: Leeks v. Always Bonding, Inc., Fulton
County Superior Court, Case No. CV 28542.
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Related legal case
Leeks v. Always Bonding, Inc.,
| Year | 2002 |
|---|---|
| Cite | Fulton County Superior Court, Case No. CV 28542 |
| Level | State Trial Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 5172 |
| Injunction Status | N/A |