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Articles about Wrongful Convictions

Prison Officials Liable for Holding Inmate Past Release Date

Gentry Slone is a Missouri state prisoner. He was sentenced to prison and once in prison his sentencing judge suspended Slone's sentence, effective December 21, 1989, and placed him on probation. The state did not appeal the judges order which then became final and non appealable on December 11, 1989.

Prison officials wrote to the judge to inform him they had decided not to release Slone because they did not believe Missouri statutes authorized his release. The judge told them Slone's release was indeed authorized and that he expected the DOC to execute his order. Eight months after Slone should have been released the court convened a court hearing, had Slone brought to court and released him from the court.

Slone then filed suit under ยง 1983 contending that prison officials had violated his right to due process. Prison officials sought summary judgement on qualified immunity which the district court denied. The court of appeals affirmed the denial of qualified immunity and remanded the case for trial.

The appeals court gives an explanation of the qualified immunity doctrine. The court held that as soon as the state's judge's order releasing Slone became nonappealable the state lost its lawful authority to ...

Federal Prisoner Must Exhaust BOP Remedies Before Seeking Habeas Corpus Relief

Federal prisoner Ivan Gonzalez was convicted of possession with intent to distribute three kilograms of cocaine. He was sentenced to five years of imprisonment. The U.S. Parole Commission calculated a presumptive parole date of May 30, 1990. When that date came and went the Bureau of Prisons (BOP) did not release Gonzalez, and he remained incarcerated. In February of 1991 Gonzalez filed for a writ of habeas corpus in federal court. He claimed that because his release date had passed he did not have to exhaust administrative remedies before seeking judicial relief. The district court denied the petition.

The U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal of the writ. The appeals court held that while the courts have original jurisdiction in imposing sentences, the BOP is responsible for computing that sentence and applying the appropriate good time credits.

Because the BOP has established regulations that set forth procedures for prisoners to follow before seeking relief from a district court, the administrative remedies must be exhausted before a federal court has jurisdiction to hear a petition for writ of habeas corpus. See, Gonzalez v. United States , 959 F.2d 211 (11 Cir. 1992).