WILLIAMSPORT - An apparent case of mistaken identity prompted a Sunbury man to file a federal lawsuit against a state police trooper.
Herbert Schminkey, of Plum Creek Road, filed the lawsuit against Trooper Mark Adams of the Stonington barracks Wednesday, alleging Adams kept him handcuffed at the barracks for four hours while Schminkey was mistaken for a New Jersey fugitive. He was later charged as a fugitive from justice.
Adams is being sued personally and in his official capacity as a trooper.
According to the affidavit, Schminkey came to the Stonington barracks on June 24 to be fingerprinted on a DUI charge he was arrested for March 15 by state police at Milton. Schminkey provided proof of his identity to the officer at the front desk and was then taken to an area of the station to have his prints taken.
Schminkey's left hand passed, but the right hand failed, despite several attempts. Several minutes passed and Adams entered the room and "aggressively" asked Schminkey if he knew who "Stanley" is, the lawsuit claims.
Schminkey said he didn't know him, but Adams said his fingerprints came back as an individual known as Stanley Lesnefsky, who had outstanding warrants in New Jersey. Adams also claimed Schminkey had the same tattoos as Lesnefsky.
Adams cuffed Schminkey to a bench for four hours until being released on his own recognizance by Magisterial District Judge John Gembic III after being arraigned on a charge of being a fugitive from justice, the lawsuit claims.
It says Schminkey called his girlfriend, Christy Willis, for assistance, and Adams spoke to her about the situation.
"(Adams) spoke to her and informed her that (Schminkey) was not who he claimed to be and that he was actually Stanley Lesnefsky, who was wanted in New Jersey on assault charges, had been on the run since 1991, and would be extradited to New Jersey that evening," the affidavit reads.
The trooper further told Willis the fingerprints "proved" who Schminkey really was and that everyone has their own fingerprints, the suit alleges.
After being released, Schminkey and Willis contacted assistant district attorney Michael Seward for assistance. Seward told him he didn't see any resemblance between Schminkey and Lesnefsky, including that they had different tattoos.
On July 15, a representative from the barracks called Schminkey to let him know that the fugitive charge was being dropped, the suit says.
Schminkey's attorney, Joshua J. Cochran, of Williamsport, says in the lawsuit that his client's Fourth Amendment rights were violated.
"As a result of these baseless charges and (Adams') communication of them to the public, (Schminkey) was defamed and suffered damage to his reputation," the affidavit reads. It claims Schminkey has suffered lost wages, harm to his reputation, fear, anguish and embarrassment.
Schminkey is asking the court to enter judgment against Adams on grounds of violating federal statues on unreasonable arrest, false imprisonment, malicious prosecution and state laws concerning false arrest/false imprisonment, intentional infliction of emotional distress, and defamation. He is asking for court costs, attorney's fees, punitive damages and any other relief the court sees fit.
Adams had left for the day when a call was placed Thursday afternoon to the Stonington barracks seeking comment.