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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 ...

Hayes v. Flowers, GA, Complaint, Wrongful Incarceration, 2013

Brief • February 18, 2013

Filed under: Wrongful Imprisonment

Hayes v. Flowers, GA, Complaint, Wrongful Incarceration, 2013 Case 1:13-cv-00025-WLS Document 1-3 Filed 02/18/13 Page 1 of 19 ATTACHMENT A -- . ...;; \ Ci~il , .' AI• ;· ;· ,., ,·) 2 of 19 Document 1-3 Filed 02/18/13 i, '-' Page ,. /' 7' Case 1:13-cv-00025-WLS ..,.. .9 i …

Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence

Article • February 15, 2013 • from PLN February, 2013

Filed under: Misconduct/Corruption, Prosecutor/Attorney General Misconduct, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment

Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence by Matthew Clarke by Matt Clarke In a 7-0 opinion with two judges not participating, the Texas Court of Criminal Appeals held on February 15, 2012 that a former prisoner who claimed exculpatory evidence was withheld in his …

Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases

Article • February 15, 2013 • from PLN February, 2013

Filed under: Attorney Misconduct, Malpractice (Attorneys), Civil Procedure, Damages, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment

: In re Allen, 366 S.W.3d 696 (Tex. 2012). “Now that we have helpful guidance from the Supreme Court, we have immediately started the process of paying Billy Allen approximately $2 million for wrongful ...

North Carolina Governor Pardons Wilmington 10

Article • January 15, 2013 • from PLN January, 2013

Filed under: Misconduct/Corruption, Prosecutor/Attorney General Misconduct, Racial Discrimination, Wrongful Conviction, Wrongful Imprisonment, Pardons/Clemency

North Carolina Governor Pardons Wilmington 10 by In 1971, during a time of racial unrest in Wilmington, North Carolina, shortly after schools were integrated and amid protests and race-based violence, a white-owned business, Mike’s Grocery, was firebombed. Responding firefighters claimed they were targeted by gunfire from unknown shooters at a …

Misconduct at U.S. Army Lab Taints Hundreds of Military Prosecutions

Article • December 15, 2012 • from PLN December, 2012

Filed under: Crime Labs, Wrongful Conviction, Wrongful Imprisonment, Military, Military Law

Misconduct at U.S. Army Lab Taints Hundreds of Military Prosecutions by Derek Gilna Pentagon investigators are looking into allegations that an analyst at the U.S. Army Criminal Investigation Laboratory (USACIL) botched hundreds of DNA tests, casting doubt about lab results in hundreds of prosecutions. An accused soldier who was forced …

Fifth Circuit Reverses $250,000 Award to Mississippi Prisoner Held too Long

Article • December 15, 2012 • from PLN December, 2012

Filed under: Sentencing, Parole, Wrongful Conviction, Wrongful Imprisonment, Qualified Immunity

Fifth Circuit Reverses $250,000 Award to Mississippi Prisoner Held too Long by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that Christopher B. Epps, the Commissioner of the Mississippi Department of Corrections (MDOC), was entitled to qualified immunity after a prisoner was held beyond the date …

Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement

Article • December 15, 2012 • from PLN December, 2012

Filed under: Prompt Hearings, Wrongful Imprisonment, Family, Family Law

Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement by A Missouri federal district court has entered a consent decree in a class-action lawsuit that prohibits county officials from holding people detained for more than 27 hours, excluding weekends and holidays, on a civil …

West Memphis Three Released, but Justice Not Served and Questions Remain

Article • December 15, 2012 • from PLN December, 2012

Filed under: Sentencing, Wrongful Conviction, Wrongful Imprisonment

West Memphis Three Released, but Justice Not Served and Questions Remain by Joe Watson In August 2011, a trio of Arkansas state prisoners, widely known as the West Memphis Three, walked out of prison after serving more than 18 years for a brutal triple homicide they did not commit. They …

Rojsza v. City of Ferndale, WA, Amended Complaint, false arrest 14th Am ethnic bias unlawful detention, 2012

Brief • December 11, 2012

Filed under: Police Misconduct, Racial Discrimination, Wrongful Imprisonment, False Arrest, Racial Profiling

Rojsza v. City of Ferndale, WA, Amended Complaint, false arrest 14th Am ethnic bias unlawful detention, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 …