Georgia Mistaken Identity Suit Continues Despite Plaintiff’s Death

Lawyers for a man who was mistakenly identified as his twin brother in a news release after he was arrested in Hall County, Ga., say his civil suit will move forward despite their client’s death.

The Times of Gainesville reported Monday that 38-year-old Keary Maurice Nicely claimed defamation, invasion of privacy, malicious prosecution and intentional infliction of emotional distress in the suit.

Nicely’s brother was accused of assaulting officers while nude and a release from the sheriff’s office included Nicely’s old booking photo and a photo of his twin brother after his arrest.

Fingerprint data alerted authorities to the mistake. A correction and apology was issued months after the release was distributed.

Nicely’s attorneys wrote that a substitution of parties will be made when a legal representative is appointed.