FREDERICK, Md. — A Salvadoran woman’s lawsuit over being wrongfully arrested for deportation is facing its next legal hurdle.

The Frederick News Post reported Friday that Roxana Orellana Santos and the Frederick County sheriff have filed arguments over whether the case should be dismissed before trial.

Santos claims the county is liable for damages after arresting her without probable cause in 2008. She was eating lunch outside when deputies stopped and questioned her. She was then arrested after they learned of a federal deportation warrant lodged against her.

Sheriff Chuck Jenkins says the county isn’t liable. He said the deputies followed state policy by bringing her in.

A federal appeals court ruled in 2013 that Santos was arrested without probable cause. The question now is whether the county is liable for damages.

Information from: The Frederick (Md.) News-Post,

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