The Georgia Supreme Court has held that a court clerk is not entitled to official immunity in a lawsuit claiming negligent performance of a ministerial duty. At the heart of the case was the clerk’s failure to inform prison officials about a court order that reduced a prisoner’s sentence.

Calvin McGee filed suit against Juanita Hicks and Geneva Blanton, in their respective capacities as clerk of the Superior Court of Fulton County and an employee of that office, for negligence for failing to perform their ministerial duty under OCGA § 42-5-50(a), which requires the court clerk to notify the commissioner of the Department of Corrections within 30 working days following receipt of a prisoner’s sentence.

The trial judge had signed a one-page “amended order” that changed McGee’s sentence to provide for a May 27, 2001 maximum release date rather than a previously-ordered release date of June 27, 2003. Blanton received the order on July 20, 2000; she placed it in processing to be filed and took no other action. McGee was not released from prison until March 2003 – 22 months after his amended release date.

Blanton and Hicks moved to dismiss the claim against them in their individual capacity, ...

by Matt Clarke

On June 6, 2011, the Better Government Association (BGA) and the Center on Wrongful Convictions (CWC) at Northwestern University School of Law released a joint report on the cost of wrongful convictions. The report, which examined 85 wrongful convictions in Illinois since the advent of modern DNA ...

On April 25, 2011, Raymond D. Towler, 53, received a settlement of $2,592,571 after serving almost 29 years for a rape he didn’t commit. The award included a $600,000 annuity to provide ongoing monthly payments plus a $1.91 million lump sum payment; $78,800 of the settlement went to Towler’s attorneys ...

By Derek Gilna

In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James Haley had accused the BPD of concealing exculpatory evidence that resulted in him serving over thirty years for a murder that he did not commit. Haley had already been released from prison when, according to the opinion, "the discovery of previously undisclosed evidence resulted in the vacation of his conviction."

Haley had been convicted of the July 11, 1971 murder of David Myers, in large part based upon the false testimony of a witness who claimed that she had seen him at the scene of the murder, supposedly brandishing a gun and a knife. Prior to trial, Haley's attorney had filed with the court a blanket motion for discovery for production of all evidence, including that favorable to the defense, including potential impeachment material. The state, in its response to this discovery request, did not furnish the original statements made by the alleged witnesses relating to Haley, which differed substantially from their subsequent testimony at his trial. These inconsistencies would have been useful to Haley at trial.

In 2005, ...

Bradley G. Dreher was a California parolee when he learned that he was HIV-positive. He was seeking treatment, but was arrested and incarcerated for alleged parole violations before he could begin a treatment regimen. He remained in the Solano County Jail for over three weeks and was incarcerated at the ...

A federal court in the District of Columbia (DC) refused to dismiss a former prisoner's claims that she was improperly confined 149 days past her sentence expiration date.

On December 15, 2005, Eloise Wormley was sentenced to 12 months in prison, but six months was suspended. She was transferred to a Fairview Halfway House (FHH) on May 30, 2006.

On June 2, 2006, Wormley left FHH to look for work, saying she would return at 2:30 p.m. When she did not return by 3 p.m., FHH staff informed the federal Bureau of Prisons (BOP) that she had "escaped." Wormley returned at 5:22 p.m. She was transferred to DC General Hospital because "She appeared intoxicated and was combative with staff."

When Wormley returned to FHH later that evening, she was denied re-entry and told to turn herself into the United States Marshal's Service (USMS) on Monday, June 5, 2006. Wormley spent the weekend in a homeless shelter.

On June 5, 2006, BOP official Randal White issued a "Notice of Escaped Federal Prisoner," falsely claiming that Wormley did not return to FHH on June 2, 2006 and her whereabouts were unknown. Wormley turned herself into the DC Central Detention Facility on June ...

The Philadelphia District Attorney's Office paid a witness $255,000 to settle her claims that she was illegally detained for 54 days.

Nicole Schneyder was a critical witness against Michael Overby in a 1990 rape and murder. Overby's first trial ended in a hung jury. He was convicted after a second trial, but the conviction was reversed on appeal. Schneyder refused to testify at either trial.

Judge Rayford Means granted then-Assistant District Attorney Gina Maisto Smith's request for a material witness warrant against Schneyder. Six days before Overby's third trial, Schneyder was detained on January 27, 2005.

Means ordered Smith to inform him if the trial was continued so he could release Schneyder. Just one week later, the trial was postponed until May 25, 2005, but Smith did not tell Means; even after Schneyder's family called "approximately 25 times" asking Smith why Schneyder was still incarcerated, according to court documents.

While Schneyder was still confined, her father figure died and her sisters begged the Public Defender's Office to help free her, so she could attend the funeral.

Public Defender Paul Conway arranged for Schneyder to briefly attend the viewing but she was escorted in handcuffs and not allowed to attend the ...

A former Rhode Island detective who was wrongfully convicted and served more than six years in prison for a murder he did not commit, was paid $600,000 to settle two lawsuits.

Jeffrey Scott Hornoff was a Warwick, Rhode Island detective who was convicted of the 1989 murder of Victoria Cushman. He was sentenced to life imprisonment and served more than six years before another man confessed to the crime.

In 2005, Hornoff sued the City of Warwick, the Rhode Island State Police and two state troopers, alleging that his arrest and incarceration was the result of a flawed investigation.

The City agreed to settle for $600,000 and a work-related disability pension. However, Hornoff's claims against the State defendants continued, because the Rhode Island Attorney General's Office refused to settle, according to Mike Healey, a spokesman for Attorney General Patrick Lynch.

Source: turnto10.com

The Washington state Court of Appeals held that the sentencing court must ensure that the sentence imposed does not exceed the statutory maximum sentence.

Randy Linerud pled guilty to failing to register as a sex offender in Washington. The "parties agreed that the standard range sentence of 43-57 months combined with the mandatory 36-48 months of community custody would exceed the 60 month statutory maximum for a class C felony. The court then imposed a standard range sentence of 43 months of incarceration and 36-48 months of community custody and included a notation in the Judgment… that 'combined maximum of prison time + community custody may not exceed the stat max of 60 months.'"

The Court of Appeals agreed with Linerud that the sentence imposed was indeterminate rather than determinate, holding that a sentence is indeterminate when it puts the burden on the (Department of Corrections (DOC) rather than the sentencing court to ensure that the inmate does not serve more than the statutory maximum." This violates Washington's Sentencing Reform Act (SRA) because "requiring the DOC to calculate an inmate's time served and ensure that it does not exceed the statutory maximum for the offense is not authorized by the ...

By Derek Gilna

In a decision published on December 8, 2009, from an appeal of parts of an order of the Supreme Court, Queens County dated November 28, 2007, which denied their motion to strike defendants' answer pursuant to CPLR. 3126(3), the lower court's order was reversed, the answer stricken, and the matter remitted to the Supreme Court, Queens County, for a hearing of the issue of damages.

The case arose from the arrest of plaintiff Byam for the homicide of Martin Sweeting on September 26, 1993. Byam was acquitted of that charge. His wife and he sued to recover damages for false arrest and malicious prosecution. The plaintiffs have been unsuccessful in obtaining discovery from the defendants, and the court cited their "willful and contumacious conduct... from their repeated failures, over an extended period of time, to comply with discovery orders, together with the inadequate, inconsistent, and unsupported excuses for those failure to disclose."

The discovery sanction, which resulted in the striking of defendants' answer, effectively ends the litigation in the plaintiff's favor, save the hearing on damages. Byam v. City of New York, 68 A.D.3d 798, 890 N.Y.S.2d 612 (2009).