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Galarza v. Szalczyk, PA, Settlement - Allentown, ICE Detention US Citizen, 2012

Brief • October 12, 2012

Filed under: Wrongful Imprisonment, Overdetention, Immigration

Galarza v. Szalczyk, PA, Settlement - Allentown, ICE Detention US Citizen, 2012 JOINT TORTFEASOR RELEASE AND INDEMNITY AGREEMENT KNOW ALL MEN BY THESE PRESElNTS, that the undersigned, ERNESTO GALARZA (hereinafter "RELEASqR") intending to be legally bound, for and in consideration of the full sum of T1"'ENTY FIVE THOUSAND DOLLARS ($25,000.00) …

Ventura County, California Settles Wrongful Arrest Class-action Suit for $350,000

Article • September 15, 2012 • from PLN September, 2012

Filed under: Searches, Arrestee Searches, Wrongful Imprisonment, False Arrest

Ventura County, California Settles Wrongful Arrest Class-action Suit for $350,000 by In September 2011, the Ventura County Sheriff’s Office (VCSO) agreed to settle a class-action civil rights lawsuit alleging that innocent people had been jailed when VCSO officials failed and/or refused to use readily available technological means (such as fingerprint …

$2.3 Million Jury Award in Washington, D.C. Wrongful Parole Revocation Suit

Article • September 15, 2012 • from PLN September, 2012

Filed under: Parole Board Misconduct, Medical, Vision, Evidence, Parole, Wrongful Conviction, Wrongful Imprisonment

$2.3 Million Jury Award in Washington, D.C. Wrongful Parole Revocation Suit by A District of Columbia (D.C.) federal jury has awarded $2.3 million to a former prisoner who spent ten years in prison after his parole was wrongfully revoked based on unreliable hearsay evidence. Charles Singletary was convicted of robbery, …

Jones v. City of St. Louis, MO, Complaint, Mistaken Identity, 2012

Brief • September 6, 2012

Filed under: Wrongful Imprisonment

Jones v. City of St. Louis, MO, Complaint, Mistaken Identity, 2012 Case: 4:12-cv-01220-ERW Doc. #: 27 Filed: 09/06/12 Page: 1 of 18 PageID #: 204 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TRAVIS JONES, Plaintiff v. CITY OF ST. LOUIS Serve: Francis Slay, Jr. 1200 …

Georgia Court Clerk Liable for Failure to Inform Prison Officials of Sentence Reduction

Article • August 15, 2012 • from PLN August, 2012

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

Georgia Court Clerk Liable for Failure to Inform Prison Officials of Sentence Reduction by The Georgia Supreme Court has held that a court clerk is not entitled to official immunity in a lawsuit claiming negligent performance of a ministerial duty. At the heart of the case was the clerk’s failure …

Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted

Article • June 15, 2012 • from PLN June, 2012

Filed under: Police Misconduct, Prosecutor/Attorney General Misconduct, Disciplinary Hearings, Malicious Prosecution, Wrongful Conviction, Wrongful Imprisonment

Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted by Matthew Clarke by Matt Clarke On June 6, 2011, the Better Government Association (BGA) and the Center on Wrongful Convictions (CWC) at Northwestern University School of Law released a joint report on the cost of wrongful convictions. The report, which …

Ohio Wrongful Conviction Results in $2.59 Million Settlement

Article • June 15, 2012 • from PLN June, 2012

Filed under: DNA Testing/Samples, Sentencing, Wrongful Conviction, Wrongful Imprisonment

. The Ohio Controlling Board agreed to settle Towler’s claim, which will be paid from the state’s Wrongful Imprisonment Fund, after he was declared innocent by a Cuyahoga County judge. Towler was convicted ...

FL Innocence Commission, FL, Final Report to the Supreme Court of Florida, 2012

Publication • 2012

Filed under: Wrongful Imprisonment

FL Innocence Commission, FL, Final Report to the Supreme Court of Florida, 2012 F L O R I DA I N N O C E N C E C O M M I S S I O N FINAL REPORT TO THE SUPREME COURT OF FLORIDA J U NE 2 …

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,” …