Search | Wrongly Convicted

New York Not Liable for DOCS’ Unauthorized Addition of Post-Release Supervision

Article • May 15, 2012 • from PLN May, 2012

Filed under: Sentencing, Parole, Wrongful Imprisonment

New York Not Liable for DOCS’ Unauthorized Addition of Post-Release Supervision by The New York Court of Appeals, the state’s highest court, has held that the state cannot be held liable for the Department of Correctional Services (DOCS) adding post-release supervision to prisoners’ sentences when such supervision had not been …

DC Prisoner's False Imprisonment Claims Survive Summary Judgment

Article • May 15, 2012

Filed under: Escapes, Sentencing, Wrongful Imprisonment, Federal Tort Claims Act, Qualified Immunity

DC Prisoner's False Imprisonment Claims Survive Summary Judgment by A federal court in the District of Columbia (DC) refused to dismiss a former prisoner's claims that she was improperly confined 149 days past her sentence expiration date. On December 15, 2005, Eloise Wormley was sentenced to 12 months in prison, …

Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department

Article • May 15, 2012

Filed under: Police Misconduct, Disciplinary Hearings, Malicious Prosecution, Disclosure of Records, Discovery, Wrongful Conviction, Wrongful Imprisonment, Qualified Immunity, Municipal Liability, Failure to Train/Supervise

Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …

California Settles Former Parolee's Untreated HIV and Delayed Release Suit for $2,500

Article • May 15, 2012

Filed under: HIV/AIDS, Tuberculosis, Sentencing, Wrongful Imprisonment

California Settles Former Parolee's Untreated HIV and Delayed Release Suit for $2,500 by Bradley G. Dreher was a California parolee when he learned that he was HIV-positive. He was seeking treatment, but was arrested and incarcerated for alleged parole violations before he could begin a treatment regimen. He remained in …

Discovery Sanction against New York City Sets Stage for Probable Damages Award in False Imprisonment Suit

Article • May 15, 2012

Filed under: Discovery, Sanctions, Sentencing, Wrongful Imprisonment

Discovery Sanction against New York City Sets Stage for Probable Damages Award in False Imprisonment Suit by Derek Gilna By Derek Gilna In a decision published on December 8, 2009, from an appeal of parts of an order of the Supreme Court, Queens County dated November 28, 2007, which denied …

Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000

Article • May 15, 2012

Filed under: Prosecutor/Attorney General Misconduct, Witnesses, Wrongful Imprisonment, Police, Arrest Warrants

Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000 by The Philadelphia District Attorney's Office paid a witness $255,000 to settle her claims that she was illegally detained for 54 days. Nicole Schneyder was a critical witness against Michael Overby in a 1990 rape and murder. Overby's first …

Washington Sentence May Not Exceed Statutory Maximum; Court Determines Sentence Length, Not DOC

Article • May 15, 2012

Filed under: Sentencing, Wrongful Imprisonment, U.S. Sentencing Guidelines

Washington Sentence May Not Exceed Statutory Maximum; Court Determines Sentence Length, Not DOC by The Washington state Court of Appeals held that the sentencing court must ensure that the sentence imposed does not exceed the statutory maximum sentence. Randy Linerud pled guilty to failing to register as a sex offender …

Rhode Island Wrongful Conviction Nets Detective over $600,000

Article • May 15, 2012

Filed under: Sentencing, Wrongful Conviction, Wrongful Imprisonment

Rhode Island Wrongful Conviction Nets Detective over $600,000 by A former Rhode Island detective who was wrongfully convicted and served more than six years in prison for a murder he did not commit, was paid $600,000 to settle two lawsuits. Jeffrey Scott Hornoff was a Warwick, Rhode Island detective who …

Oklahoma City Not Liable for Wrongful Conviction Resulting from Falsified Forensic Evidence

Article • April 15, 2012 • from PLN April, 2012

Filed under: Crime Labs, Wrongful Conviction, Wrongful Imprisonment, Immunity/Liability, Municipal Liability

Oklahoma City Not Liable for Wrongful Conviction Resulting from Falsified Forensic Evidence by Matthew Clarke by Matt Clarke The Tenth Circuit Court of Appeals has held that Oklahoma City can not be held liable for the actions of disgraced forensic chemist Joyce A. Gilchrist, who was employed in the city’s …

Texas Harasses, Denies Compensation to Wrongly Convicted

Article • April 15, 2012 • from PLN April, 2012

Filed under: Sentencing, Parole, Wrongful Conviction, Wrongful Imprisonment, Probation, Family Law

after the Texas legislature passed a bill (HB 417) to compensate him for his wrongful imprisonment regardless of the wording in the court order granting his release. Governor Rick Perry signed ...

Victoria v. NYPD DETF et al, NY, 2nd Am Complaint, false arrest overdetention, 2012

Brief • April 13, 2012

Filed under: Out of State Transfers, Misconduct/Corruption, Police Misconduct, War on Drugs, Wrongful Imprisonment, Overdetention, False Arrest

Victoria v. NYPD DETF et al, NY, 2nd Am Complaint, false arrest overdetention, 2012 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 Page 1 of 13 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 Page 2 of 13 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 Page 3 of 13 Case 1:11-cv-00937-LAK Document 13 Filed 04/13/12 …

31,000 Criminal Cases Under Review After Detroit Crime Lab Closes

Article • March 15, 2012 • from PLN March, 2012

Filed under: Misconduct/Corruption, Contractor Misconduct, Crime Labs, Wrongful Imprisonment

31,000 Criminal Cases Under Review After Detroit Crime Lab Closes by After the police crime lab in Detroit, Michigan was found to have provided faulty firearm ballistics evidence in criminal cases, the lab was closed in 2008. A subsequent review of around 31,000 firearm-related prosecutions was deemed “admittedly impossible work,” …

Jury Awards $13,000 in Tennessee CCA False Imprisonment Suit

Article • March 15, 2012

Filed under: Corrections Corporation of America/CoreCivic, Contractor Misconduct, Sentencing, Parole, Wrongful Imprisonment

Jury Awards $13,000 in Tennessee CCA False Imprisonment Suit by A Tennessee federal court awarded $13,000 to Samuel Key for civil rights violations resulting from his false imprisonment. The case began in 1987, when Key was convicted and sentenced to prison in Georgia. During that time, a phony escape charge …

$1,800 Settlement in Clerical Error Resulting in Jail Time

Article • February 15, 2012

Filed under: Medical, Medication, Wrongful Imprisonment

$1,800 Settlement in Clerical Error Resulting in Jail Time by California’s County of Sacramento paid $1,800 to settle the claim of Stephen L. Stucker, who was held in jail for two days due to a clerical error. His July 17, 2002 jailing resulted in the denial of his psychiatric medication. …

California: $5,000 Settlement in Wrongful Imprisonment

Article • February 15, 2012

Filed under: Sentencing, Wrongful Imprisonment

California: $5,000 Settlement in Wrongful Imprisonment by California’s County of Sacramento paid $5,000 to settle the wrongful imprisonment claim of Robert B. Weber, who was arrested ...

$8,000 Settlement in Washington DOC False Imprisonment Suit

Article • February 15, 2012

Filed under: Sentencing, Wrongful Imprisonment

$8,000 Settlement in Washington DOC False Imprisonment Suit by An $8,000 settlement was reached in a false imprisonment claim against the State of Washington. Duane A. Cooper had been sentenced to a 60 month sentence for a class C felony on April 4, 1996. On May 14, 2002, Cooper was …

Award for Freed Prisoner Vacated by Louisiana Appellate Court

Article • February 15, 2012

Filed under: Civil Procedure, Evidentiary Ruling, Wrongful Conviction, Wrongful Imprisonment

Award for Freed Prisoner Vacated by Louisiana Appellate Court by On February 20, 2008, the First Circuit Louisiana Court of Appeals vacated and remanded for further proceedings a trial court’s judgment awarding a former prisoner compensation for a wrongful conviction and imprisonment. Calvin Williams was convicted in 1977 of first-degree …

Problems at North Carolina State Bureau of Investigation Crime Lab

Article • January 15, 2012 • from PLN January, 2012

Filed under: Misconduct/Corruption, Prosecutor/Attorney General Misconduct, Malicious Prosecution, Crime Labs, Wrongful Conviction, Wrongful Imprisonment

Problems at North Carolina State Bureau of Investigation Crime Lab by Recent revelations of shoddy blood analysis at the North Carolina State Bureau of Investigation (SBI) crime lab led to an investigation that uncovered at least 190 cases of serious blood work errors in criminal cases. Those cases included three …

Sanders and Phillips v. City of New York, NY, Complaint, false arrest malicious prosecution unlawful detention, 2012

Brief • January 6, 2012

Filed under: Malicious Prosecution, Wrongful Imprisonment, False Arrest

Sanders and Phillips v. City of New York, NY, Complaint, false arrest malicious prosecution unlawful detention, 2012 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - -- - - - - - - - - - - - - - - - - - - - …

Anatomy of False Confessions, Redux

Article • December 15, 2011 • from PLN December, 2011

Filed under: Police Misconduct, Reviews, Malicious Prosecution, Guilty Pleas, Sentencing, Wrongful Conviction, Wrongful Imprisonment

Anatomy of False Confessions, Redux by Earlier this year PLN reported on the phenomenon of suspects who falsely confess to crimes they did not commit. [See: PLN, April 2011, p.18]. As false confessions occur in wrongful conviction cases with disturbing regularity, this article revisits and expounds on this important topic …