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Articles about Wrongful Convictions

Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant

A remitter has been ordered in a 42 U.S.C. § 1983 action brought by a psychologist formerly employed by the New York State Office of Mental Retardation and Developmental Disabilities (DMRDD) after the psychologist was falsely accused of sexual misconduct.

A jury originally awarded the plaintiff, Mark Komlosi, $6.6 million ...

Sacramento County Settles Excessive Force/False Arrest Suit for $1,000

On January 16, 2004, the County of Sacramento, California settled for $1,000 a suit brought by a former Sacramento County Jail prisoner whose arm had allegedly been broken by a deputy and who had been arrested without an outstanding warrant.

Henry A. Freeman, an elderly black man, was arrested by ...

$1.31 Million Award to Wrongfully Jailed California Man

A California federal jury awarded $1.31 million to a man who spent eight months in jail for being unlawfully arrested on a home invasion murder he did not commit.

Within eight hours of the November 1, 2005 crime, Edmond Ovasapyan was arrested. His arrest was made despite the surviving victim ...

$1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge

On February 25, 2009, a California federal jury awarded $1,310,000 to a man who spent eight months in jail facing a murder charge that was eventually dismissed.

Shortly after Christopher Shahnazari was shot in Glendale, California on November 1, 2005, he examined a photo-graphic lineup and said Edmond Ovasapyan, 28, ...

$11,000 Settlement for Arresting Wrong Person

On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging Fourth and Fourteenth Amendment civil rights violations, as well as penal and civil code violations. The complaint was filed by attorneys Mark E. Merin and Jeffrey I. Schwarzchild on behalf of Catherine Avery following her wrongful arrest and detention on October 22, 2003.

Avery was arrested, booked, and subjected to a visual body cavity strip-search despite her protestations of not being the woman named or described in the arrest warrant. Sheriff's deputies and jail staff consistently ignored the obvious physical differences between Avery and the woman described in the warrant, Cathy Gilbert. Avery's §1983 claim sought damages for the alleged civil rights and state law violations and her emotional distress. Attorney's fees and costs were included in the $11,250 settlement. See: Avery v. Sacramento County, et al, Sacramento County Super. Ct., #01AS01732 (2005).

$110,000 Award for Florida Man Falsely Arrested for Child Molestation

A Florida jury awarded a man $10,000 for being falsely arrested on a child molestation charge. Following the verdict, the trial court awarded the man an additional $100,000.

The plaintiff lived next to a 5-year-old girl. In 2005, the girl was playing with the plaintiff’s daughters. The child said the ...

3 Days Illegal Imprisonment Nets $5,500

Washington’s King County paid $5,500 to settle a claim that a probation officer was negligent in her duties, causing the claimant, Lolita Urie, to be improperly and illegally arrested. When Urie timely appeared for a probation appointment with King County Probation Officer Nancy Thompson on March 16, 2004, she was ...

$4,000 Settlement in Failure to Arraign

Washington State’s King County Jail has paid $4,000 to settle the claim of Michael Chiofar, which sought damages for the failure of the Jail to assure that he was arraigned within 72 hours of his arrest as required by Washington law. He claimed that he was arrested on November 29, ...

$8,000 Settlement for 10 Days of Wrongful Detention

Washington State’s King County has paid $8,000 to settle the claim of Pantaleon F. Alba, who was overdetained by 10 days due to King County Correctional Facility records clerk, Kimberly Carver, failing to correct his good time credits. Carver transmitted to the Washington Department of Corrections an improper number of ...

Time Served In Excess of Base Term Cannot Be Used to Reduce Parole Period

The California Court of Appeal for the First Appellate District has affirmed the denial of a habeas petition filed by a parolee seeking discharge from parole based on time served in excess of the prisoner’s base term.

Ronnie Bush was paroled from prison on March 19, 2005, after serving 20 years for a 1985 conviction for conspiracy to commit kidnapping. After his release, Bush filed a habeas petition asking that he be discharged from his five year parole period. Bush argued that the six-and-a-half years he served beyond his 12 ½ year base term should be applied to satisfy his five year parole.

The Superior Court denied relief, Bush appealed and the appeals court affirmed. “Custody credits in excess of a life prisoner’s base term are not applied to reduce the parole period,” the court of appeals held. See: In re Bush, 161 Cal. App. 4th 133, 74 Cal. Rptr. 3d 256 (1st Dist. 2008).