Woman whose identity was stolen loses case against city

San Francisco will not have to pay $1 million in damages sought by an Oakland woman who was repeatedly arrested after her identity was stolen and a bench warrant was mistakenly issued in her name, Superior Court Judge Ronald Quidachay ruled Thursday.

“Stancy Nesby faced a nightmare in terms of apparent identity theft, and we’re certainly sympathetic to her ordeal,” said Matt Dorsey, a spokesman for the City Attorney. “At the same time, it has been our position all along that The City can’t be held liable for a court-issued bench warrant or for the actions of police in other jurisdictions.”

Over a 15-month period, Stancy Nesby was detained, arrested or jailed six times because a woman charged with cocaine possession pretended to be Nesby. When the woman missed her court date, a San Francisco judge signed warrants for Nesby’s arrest.

Nesby said in the lawsuit that the warrants were not withdrawn when she alerted city officials of the error, even though she said she was promised they would be. The lawsuit also seeks damages from when police outside San Francisco questioned her on the warrant and allegedly used “excessive force, racial slurs and deliberately humiliated her.”

Attorney Matt Gonzales, whose law firm represented the woman, said, “We don’t think it makes sense to rule in a case that The City is not going to be responsible when its employee issues warrants in error. A city should be responsible.”

jsabatini@examiner.comBay Area NewsGovernment & PoliticsLocalPolitics

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

Dr. Grant Colfax, director of the San Francisco Department of Public Health. (Kevin N. Hume/S.F. Examiner)
SF moves into purple tier, triggering curfew and business shutdowns

San Francisco moved into the state’s purple COVID-19 tier Saturday, requiring The… Continue reading

San Francisco lacks housing data that would let it track rental vacancies and prices. New legislation is seeking to change that.<ins> (Photo by Joel Angel Jurez/2016 Special to S.F. Examiner)</ins>
Landlords blast proposal to require annual report on rentals as invasion of privacy

Housing inventory could give city better data on housing vacancies, affordability

University of San Francisco head coach Todd Golden coaches his team on defense during a 2019 gameat War Memorial Gymnasium on the campus of the University of San Francisco. (Ryan Gorcey / S.F. Examiner)
Stunner in Bubbleville: USF upsets fourth-ranked Virginia

Less than 48 hours removed from a loss to a feeble UMass… Continue reading

Health care workers would be the first group in the state to receive the COVID-19 vaccine. (Go Nakamura/Getty Images/TNS)
Hope on the way: Here’s what to know about California’s COVID-19 vaccine plan

The first batch of doses could hit the state as soon as early December

The Big Game was played Friday at Memorial Stadium in Berkeley. (Shutterstock)
Stanford blocks extra point to stun Cal, win 123rd Big Game 24-23

The 123rd edition of the Big Game featured a number of firsts.… Continue reading

Most Read