Man locked up because of mistaken identity sues Hawaii

HONOLULU – A formerly stateless antheral who ended up successful a intelligence instauration for much than 2 years due to the fact that of mistaken individuality is suing the authorities and assorted Honolulu constabulary officers, Hawaii nationalist defenders and doctors.

Joshua Spriestersbach's attorneys accidental successful a suit filed Sunday successful U.S. District Court successful Honolulu that Hawaii officials haven't responded to a petition seeking to close his records to guarantee the mistake ne'er happens again.

The petition filed successful authorities tribunal successful August laid bare Spriestersbach's bizarre plight, which started with him falling dormant connected a sidewalk. He was stateless and bare portion waiting successful a agelong enactment for nutrient extracurricular a Honolulu structure successful 2017.

When a constabulary serviceman roused him awake, Spriestersbach thought helium was being arrested for the city’s prohibition connected sitting oregon laying connected nationalist sidewalks.

The serviceman mistook him for a antheral named Thomas Castleberry, who had a warrant retired for his apprehension for allegedly violating probation successful a 2006 cause case.

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Despite Spriestersbach's protests that helium wasn't Castleberry, helium ended up successful the Hawaii State Hospital, wherever helium was forced to instrumentality psychiatric drugs, the petition said. When a doc looked into his lawsuit and verified the mix-up, officials tried to screen up the mistake by softly mounting him escaped with conscionable 50 cents to his name, his lawyers said.

Spriestersbach’s suit alleges mendacious imprisonment, intentional infliction of affectional distress, malicious prosecution, maltreatment of process and different claims.

“The Department of the Attorney General has not been served with the ailment and person not yet had the accidental to reappraisal it with our lawsuit agencies,” Gary Yamashiroya, peculiar adjunct to the Hawaii lawyer general, said Monday.

State Public Defender James Tabe said Monday his bureau had nary comment, portion representatives for Honolulu constabulary didn't instantly respond.

Spriestersbach’s lawyers anticipation the suit volition pb to procedural changes to guarantee due recognition of radical successful custody, said Kenneth Lawson, co-director of the Hawaii Innocence Project. They're besides seeking monetary damages, to beryllium determined successful court.

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The suit sheds caller airy connected factors that led to the mix-up, starting with an brushwood with officers that happened years earlier.

Spriestersbach was arrested successful 2011 for sleeping successful a stairwell of a Honolulu mediate school. It's unclear why, but helium gave the past sanction Castleberry, which was his grandfather's past name, his lawyers said. He didn't springiness a archetypal name.

Thomas Castleberry's 2009 warrant came up, but constabulary were capable to find Spriestersbach wasn't Thomas Castleberry.

Spriestersbach was arrested again successful 2015 for sleeping successful a park. He gave his existent name, but Thomas Castleberry appeared arsenic an alias. Authorities checked fingerprints and again determined helium wasn't Castleberry.

During his 2017 arrest, Spriestersbach gave his existent name, but Thomas Castleberry inactive showed up arsenic an alias. This time, helium was arrested for the warrant.

Even though helium was fingerprinted and photographed astatine a jail, nary 1 checked the prints oregon photograph against Thomas Castleberry’s, the suit said.

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Castleberry, who isn't related to Spriestersbach, is successful custody with the Alaska of Department of Corrections, with an expected merchandise day successful 2022, the suit said. The Alaska Public Defender Agency, which has represented Castleberry, declined to remark Monday.

Police and others, including Spriestersbach’s nationalist defenders and doctors, each had entree to accusation that would person decently identified some men, the suit said.

“Prior to January 2020, not a azygous idiosyncratic acted connected the disposable accusation to find that Joshua was telling the information – that helium was not Mr. Castleberry,” the suit said. “Instead, they determined that Joshua was delusional and incompetent conscionable due to the fact that helium refused to admit that helium was Mr. Castleberry and refused to admit Mr. Castleberry’s crimes.”

Spiestersbach present lives with his sister successful Vermont. His lawyers said helium declined to beryllium interviewed for this story.

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