Judge: Man Wrongly Held in Sedgwick Co. Can't Sue

By: AP
By: AP

WICHITA, Kan. (AP) _ A federal judge says a man mistakenly jailed in Colorado and Kansas for a month can't sue Sedgwick County or its sheriff.

Francisco Reyes, of Kansas City, Kansas, was held for a month in 2005 after authorities mistook him to be a man wanted in a baby's rape.

U.S. District Judge Kathryn Vratil of Kansas City, Kansas, dismissed Reyes' lawsuit yesterday. In doing so, the judge said Reyes can't sue Sedgwick County commissioners or Sheriff Gary Steed.

The judge said Reyes failed to tell authorities that he wasn't the man wanted on rape charges.

But Reyes' attorney, Kurt Kerns, says records show Reyes repeatedly told authorities that they had the wrong man, but no one bothered to check his story.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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