How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

My brother is incarcerated in the state of Texas.He is a

Customer Question

My brother is incarcerated in the state of Texas.He is a career crimanal.I recently found out that he had stolen my identity,and that he has been incarcerated several times under my name,and under his own name.This has been ongoing since 1999,and this info has recently been discovered.I cannot understand how the state of Texas could not compar finger prints.I have been I=in NJ for the past 50 yrs,and was never a resident of the state of Texas.I have documentation from Th TDOC stating they are aware of the mix up,but it is slated to be on the court document.This has caused much stress and pain in my life,and I am looking for recourse.I am trying to see if I have a case against the state of Texas for incompetence,as they should have compared fingerprints long ago.He is currently incarcerated under my name in Huntsville prison,but I have recieved notice from the TDOC they are aware.Also have documentation for this
Submitted: 1 month ago.
Category: Legal
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Dwayne B. replied 1 month ago.

First off, you really don't have a case against Texas at this point based on a "failure to compare fingerprints". This is for several reason, one of which is the state is immune from a suit for things like this, another is that fingerprint identification can result in different opinions from different experts, etc.

I want to discuss the first one because that is the really big issue. States have what is known as "sovereign immunity" which is based on the old theory that you couldn't "sue the king". In Texas, the state has waived a certain amount of immunity under the Texas Tort Claims Act but it is for very limited purposes. Basically, you can only sue the state for two reasons, damages arising from car accidents or “motor-driven equipment” accidents, and personal injury or death “so caused by a condition or use of tangible personal or real property.”

Neither of these really apply in your case. The federal government will also let you sue a state for violations of your civil rights but that really doesn't apply in your case.

In addition, Texas allows a defendant to "pass the blame" to someone else. In this case, what would happen even if the tort claims act didn't exist is that the state would blame your brother and likely escape liability that way.

This is a very strange area of law and if you have any questions that you ned me to clear up please feel free to ask them in this thread. In addition, if you need additional information on the Texas Tort Claims Act you can see it at the statute itself:

or at this publication:

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.