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Bureaucracy Errors that Result in Overdetention Not Deliberate Indifference

Article • August 15, 2013

Filed under: Sentencing, Wrongful Imprisonment

Bureaucracy Errors that Result in Overdetention Not Deliberate Indifference by The Eleventh Circuit Court of Appeals has held that the overdetention of two prisoners was not due to deliberate indifference on the part of officials at Alabama’s Mobile County Jail. The Court’s ruling affirmed the grant of summary judgment to …

$30,000.00 Settlement Reached in False Imprisonment Suit Against Washington Department of Corrections

Article • August 15, 2013

Filed under: Sentencing, Good Time, Wrongful Imprisonment

$30,000.00 Settlement Reached in False Imprisonment Suit Against Washington Department of Corrections by A $30,000 settlement was reached in an action filed against the Washington Department of Corrections (D.O.C.) for miscalculation of good-time credits resulting in false imprisonment. Charles D. Hardt was a prisoner at Airway Heights Correctional Center. With …

An Innocent Man Speaks: PLN Interviews Jeff Deskovic

Article • August 15, 2013 • from PLN August, 2013

Filed under: Misconduct/Corruption, Police Misconduct, Prosecutor/Attorney General Misconduct, Interviews, Wrongful Conviction, Wrongful Imprisonment

An Innocent Man Speaks: PLN Interviews Jeff Deskovic by On April 9, 2013, Prison Legal News editor Paul Wright sat down with Jeffrey Deskovic as part of PLN's ongoing series of interviews concerning our nation's criminal justice system. Previously, PLN interviewed famous actor Danny Trejo [PLN, Aug. 2011, p.1] and …

Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983

Article • July 15, 2013 • from PLN July, 2013

Filed under: Malpractice (Attorneys), Limitations, Trials, Sentencing, Wrongful Imprisonment

Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 by Seventeen Years Pending Re-trial Fails to State Speedy Trial Violation under § 1983 The Sixth Circuit Court of Appeals has held that a pretrial detainee did not suffer a violation of his Sixth Amendment right to …

Eighth Circuit: Heck Bars False Imprisonment Claim

Article • June 15, 2013 • from PLN June, 2013

Filed under: Sentencing, Habeas Corpus, Wrongful Imprisonment

Eighth Circuit: Heck Bars False Imprisonment Claim by In an April 19, 2012 decision, the Eighth Circuit Court of Appeals agreed with a federal district court that Heck v. Humphrey, 512 U.S. 477 (1994) [PLN, Sept. 1994, p.12] barred a Minnesota prisoner's claim that prison officials unlawfully confined him for …

Davis and Northrop v. Clark County, WA, Amended Complaint, Wrongful Incarceration, 2013

Brief • June 7, 2013

Filed under: Police Misconduct, DNA Testing/Samples, Wrongful Imprisonment

would 17 have been different. 18 19 4.42 In each and every long year of Davis’s and Northrop’s wrongful imprisonment, from 1993 through 2010, and even in the time after their release, Clark County ...

Innocent Defendant's Delimma-Plea Bargining, J of Crim Law & Criminology, 2013

Publication • 2013

Filed under: Guilty Pleas, Wrongful Conviction, Wrongful Imprisonment

Innocent Defendant's Delimma-Plea Bargining, J of Crim Law & Criminology, 2013 Journal of Criminal Law and Criminology Volume 103 | Issue 1 Article 1 Winter 2013 The Innocent Defendant's Dilemma: An Innovative Empirical Study of Plea Bargaining's Innocence Problem Lucian E. Dervan Vanessa A. Edkins Ph.D. Follow this and additional …

Virginia Prisoner Pardoned After Accuser Admits She Lied

Article • May 15, 2013 • from PLN May, 2013

Filed under: Sentencing, Wrongful Conviction, Wrongful Imprisonment

Virginia Prisoner Pardoned After Accuser Admits She Lied by Everyone in Virginia's criminal justice system knew that Johnathan Christopher Montgomery was innocent of the crimes for which he’d been convicted. His accuser had recanted her testimony and admitted she lied to police about being molested by Montgomery more than a …

Oregon Prison Officials Not Immune for Sentence Miscalculation

Article • May 15, 2013

Filed under: Wrongful Imprisonment, Immunity/Liability, Sovereign Immunity

Oregon Prison Officials Not Immune for Sentence Miscalculation by The Oregon Court of Appeals held that prison officials are not immune from suit for miscalculating a prisoner's sentence by 13 months. In 2000, Chester Westfall was convicted of charges in Jackson County, Oregon, and sentenced to 34 months in prison. …

O'Connell v. Smith, CA, Complaint, Wrongful Murder Conviction, 2013

Brief • April 23, 2013

Filed under: Failure to Treat, Conditions of Confinement, Wrongful Conviction, Wrongful Imprisonment

O'Connell v. Smith, CA, Complaint, Wrongful Murder Conviction, 2013 Case 2:13-cv-01905-MWF-PJW Document 7 Filed 04/23/13 Page 1 of 34 Page ID #:77 Case 2:13-cv-01905-MWF-PJW Document 7 Filed 04/23/13 Page 2 of 34 Page ID #:78 Case 2:13-cv-01905-MWF-PJW Document 7 Filed 04/23/13 Page 3 of 34 Page ID #:79 Case 2:13-cv-01905-MWF-PJW …

7th Circuit Affirms Finding of No Deliberate Indifference in 1983 Case

Article • April 15, 2013

Filed under: Medication, Sentencing, Wrongful Imprisonment

7th Circuit Affirms Finding of No Deliberate Indifference in 1983 Case by Derek Gilna Shane Holloway was arrested without a warrant in 2009 and confined to the Delaware County Jail, where he was denied his pre-detention medication, and was prescribed non-narcotic pain medication by prison medical staff instead. Holloway was …

Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation

Article • April 15, 2013

Filed under: Sentencing, Wrongful Imprisonment, Federal Tort Claims Act

Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation by Brandon Sample The U.S. Supreme Court's decision in Heck v. Humphrey does not bar a released federal prisoner's false imprisonment claims under the Federal Tort Claims Act (FTCA), the U.S. Court of Appeals for the Eleventh Circuit …

Kentucky DOC Cannot Alter Time Served Credit

Article • April 15, 2013

Filed under: Sentencing, Wrongful Imprisonment, Wrongful Release, Civil Commitment

Kentucky DOC Cannot Alter Time Served Credit by The Kentucky Supreme Court has held that prison officials lack authority to modify presentencing custody credit. Peter Bard was charged with murdering a deputy sheriff in 1993 but the charges were dismissed when he was found incompetent to stand trial. Bard was …

Statute of Limitations Kills Oregon False Imprisonment Suit

Article • April 15, 2013

Filed under: Limitations, Sentencing, Wrongful Imprisonment

Statute of Limitations Kills Oregon False Imprisonment Suit by The Oregon Court of Appeals affirmed the statute of limitations dismissal of a former prisoner's false imprisonment suit. In three separate judgments, Loren MacNab was convicted of four counts of failing to register as a sex offender and sentenced to jail …

Who Polices Prosecutors Who Abuse Their Authority? Usually Nobody

Article • March 15, 2013

Filed under: Prosecutor/Attorney General Misconduct, Sentencing, Wrongful Conviction, Wrongful Imprisonment

Who Polices Prosecutors Who Abuse Their Authority? Usually Nobody by Joaquin Sapien by Joaquin Sapien, ProPublica, and Sergio Hernandez, Special to ProPublica The murder case against Tony Bennett seemed pretty straightforward. Shortly before midnight on May 7, 1994, police found a 26-year-old man in the foyer of an apartment building …

Lasting Damage: A Rogue Prosecutor’s Final Case

Article • March 15, 2013

Filed under: Prosecutor/Attorney General Misconduct, Sentencing, Wrongful Conviction, Wrongful Imprisonment

Lasting Damage: A Rogue Prosecutor’s Final Case by Joaquin Sapien ProPublica Among the thousands of prosecutors who have tried cases in the name of the people of New York City, Claude Stuart came to hold a handful of unfortunate distinctions: • He was a serial abuser of his authority. State …

U.S. Citizens Mistakenly Snared, Deported by DHS and ICE

Article • March 15, 2013 • from PLN March, 2013

Filed under: Databases, Sentencing, Wrongful Conviction, Wrongful Imprisonment, Immigration, False Arrest, Racial Profiling

U.S. Citizens Mistakenly Snared, Deported by DHS and ICE by Derek Gilna An increasing number of American citizens have been questioned, detained and even deported by the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), as a result of databases that incorrectly identify them as undocumented …

Former New York Prisoner Exonerated, Receives $2 Million Settlement

Article • March 15, 2013 • from PLN March, 2013

Filed under: Sentencing, Wrongful Conviction, Wrongful Imprisonment

Former New York Prisoner Exonerated, Receives $2 Million Settlement by A man whose conviction was overturned after spending 10 years in prison has settled his wrongful conviction suit against the State of New York for $2 million. Michael Clancy, 25, was working as an apprentice elevator mechanic when he was …

Fifth Circuit Reverses $659,300 Katrina-Related Jury Award

Article • March 15, 2013 • from PLN March, 2013

Filed under: Conditions of Confinement, Jail Specific, Wrongful Imprisonment

Fifth Circuit Reverses $659,300 Katrina-Related Jury Award by Matthew Clarke by Matt Clarke In March 2012, the Fifth Circuit Court of Appeals reversed a $659,300 jury award in favor of two men who were arrested for public intoxication in New Orleans two days before Hurricane Katrina struck, and were then …

Seales v. City of Detroit, MI, Amended Complaint, Wrongful Imprisonment, 2013

Brief • February 26, 2013

Filed under: Jail Specific, Wrongful Imprisonment, Failure to Train/Supervise, False Arrest, Fourth Amendment, rights, Fourteenth Amendment, rights, Fifth Amendment, 42 U.S. Code § 1983, civil action for deprivation of rights

Seales v. City of Detroit, MI, Amended Complaint, Wrongful Imprisonment, 2013 Case 4:12-cv-11679-GAD-DRG ECF No. 28 filed 04/09/13 PageID.121 Page 1 of 22 UNITED STATES DISTRICT COURT EASTERN ...