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Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees
Article • January 15, 2014 • from PLN January, 2014
Filed under: Wrongful Imprisonment, Police, False Arrest
Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees by The Tenth Circuit Court of Appeals reversed a district court’s ruling that state corrections employees could be held liable only for their own initial 2- to 3-minute detention of two suspects, and not for further detention …
Tankleff v. New York, NY, Settlement, Wrongful Conviction, 2014
Brief • January 6, 2014
Filed under: Prosecutor/Attorney General Misconduct, Sentencing, Wrongful Conviction, Wrongful Imprisonment
Tankleff v. New York, NY, Settlement, Wrongful Conviction, 2014 STATE OF NEW YORK - COURT OF CLAIMS .. -- ------------------ --------- ------------------------------ ----X MARTIN TANKLEFF, STIPULATION OF SETTLEMENT AND DISCONTINUANCE Claimant, Claim No. 118655 Lopez-Summa, 1. againstTHE STATE OF NEW YORK, Defendant(s), ..---------------------------------------------------------------X WHEREAS, the parties hereto have agreed to …
Jones v. City of St. Louis, MO, Settlement Agreement, Mistaken Identity, 2013
Brief • November 25, 2013
Filed under: Wrongful Imprisonment
Jones v. City of St. Louis, MO, Settlement Agreement, Mistaken Identity, 2013 SETTLEMENT AND CONFIDENTIALITY AGREEMENT REGARDING TRAVIS JONES V. FRANCIS SLAY f:T AL., 4:12-CV-01220 ERW This Settlement and Confidentiality Agreement (the "Agreement"), made this A/(J<.k-4• :':L. 2013, by and among Tra;is S. Jones ("Jones"), the City of St. Louis, …
Davis and Northrop v. Clark County, WA, Agreement, Wrongful Incarceration, 2013
Brief • October 10, 2013
Filed under: Wrongful Imprisonment
Davis and Northrop v. Clark County, WA, Agreement, Wrongful Incarceration, 2013 AGREEMENT, ASSIGNMENT & COVENANT NOT TO EXECUTE This Agreement, Assignment, & Covenant Not to Execute ("the Agreement") pertains to the following lawsuit: Larry Davis and Alan Northrop v. Clark County and Donald Slagle, United States District Court Western District …
Collins v. City of Chicago, IL, Verdict, False Imprisonment and Malicious Prosecution, 2013
Brief • September 24, 2013
Filed under: Prosecutor/Attorney General Misconduct, Sentencing, Wrongful Conviction, Wrongful Imprisonment
Collins v. City of Chicago, IL, Verdict, False Imprisonment and Malicious Prosecution, 2013
Wrongful Immigration Detention Suit Reinstated by Second Circuit, Dismissed on Remand
Article • September 15, 2013 • from PLN September, 2013
Filed under: Sentencing, Wrongful Imprisonment, Immigration
Wrongful Immigration Detention Suit Reinstated by Second Circuit, Dismissed on Remand by Derek Gilna Viterbo Liranzo, born in the Dominican Republic, was a U.S. citizen through section 321 of the Immigration and Naturalization Act, which conferred derivative citizenship on children of U.S. citizens. He was required to apply for a …
Avalos-Palma v. United States, NJ, Complaint, Wrongful Deportation, 2013
Brief • September 13, 2013
Filed under: Wrongful Imprisonment, Immigration
Avalos-Palma v. United States, NJ, Complaint, Wrongful Deportation, 2013 Case 3:13-cv-05481-FLW-TJB Document 1 Filed 09/13/13 Page 1 of 12 PageID: 1 Jonathan H. Feinberg Attorney I.D. No. 01376-2001 (NJ) KAIRYS, RUDOVSKY, MESSING & FEINBERG LLP The Cast Iron Building 718 Arch Street, Suite 501 South Philadelphia, PA 19106 (215) 925-4400 …
Rojsza v. City of Ferndale, WA, Complaint, false arrest 14th Am ethnic bias unlawful detention, 2012
Brief • August 16, 2013
Filed under: Racial Discrimination, Wrongful Imprisonment, False Arrest, Racial Profiling
Rojsza v. City of Ferndale, WA, Complaint, false arrest 14th Am ethnic bias unlawful detention, 2012
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 &#167; 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 …
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