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Hawaii Ex-prisoner Awarded $83,000 for Being Held 83 Days Past Release Date
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Wrongful Imprisonment
Hawaii Ex-prisoner Awarded $83,000 for Being Held 83 Days Past Release Date by Former Hawaii prisoner Wade T. Itagaki, who was held at the Oahu Community Correctional Center in Honolulu for 83 days after his sentence expired on Sept. 5, 2006, was awarded $83,000 by a federal jury in February …
Sixth Circuit Upholds $2.5 Million Jury Award for Wrongly Convicted Women
Article • November 15, 2011
Filed under: Malicious Prosecution, Civil Procedure, Damages, Wrongful Conviction, Wrongful Imprisonment, False Arrest
Sixth Circuit Upholds $2.5 Million Jury Award for Wrongly Convicted Women by Matthew Clarke By Matt Clarke On April 12,2011, the Sixth Circuit Court of Appeals issued an opinion upholding the $2.5 million jury award and $250-per-hour attorney-fees award to two women who were wrongly convicted of felonies. Kimberly Sykes …
Former Michigan Prisoner Awarded $1.27 Million for False Arrest and Malicious Prosecution
Article • November 15, 2011
Filed under: Malicious Prosecution, Wrongful Imprisonment, Police, False Arrest
Former Michigan Prisoner Awarded $1.27 Million for False Arrest and Malicious Prosecution by A Michigan federal jury awarded a former prisoner $1.27 million in a malicious prosecution lawsuit. After she was robbed at gunpoint, Tevya Urquhart was arrested, found guilty and sentenced to prison. After her successful appeal, Urquhart filed …
Superior Court in California Enters Judgment on False Imprisonment Claim for $26,223.80
Article • November 15, 2011
Filed under: Sentencing, Wrongful Imprisonment
Superior Court in California Enters Judgment on False Imprisonment Claim for $26,223.80 by The Superior Court of California, Alameda County, entered a $26,203.80 judgment in a false imprisonment claim. Jorge Gallegos was a prisoner in the California Department of Corrections (CDOC) serving a 12 year sentence that began on September …
CDOC Agrees to Pay $20,000 for Unlawful Imprisonment
Article • November 15, 2011
Filed under: Sentencing, Parole, Wrongful Imprisonment
CDOC Agrees to Pay $20,000 for Unlawful Imprisonment by Steven Larson sued the CDOC alleging constitutional violations, false imprisonment, and negligence after he was unlawfully held for 47 days. In 2007, Larson violated the conditions of his parole. At the revocation hearing, Larson received a firm parole discharge date of …
26,500 Settlement Reached in Washington State Over-Detention Suit
Article • November 15, 2011
Filed under: Wrongful Imprisonment, Mental Health, Civil Commitment
26,500 Settlement Reached in Washington State Over-Detention Suit by A $26,500 settlement was reached in a wrongful imprisonment suit filed against the Washington State Department ...
$50,000 Settlement Reached in Washington Over-Detention Suit
Article • November 15, 2011
Filed under: Sentencing, Wrongful Imprisonment, Parole Conditions
$50,000 Settlement Reached in Washington Over-Detention Suit by A $50,000 settlement was reached in an unlawful imprisonment suit filed against the Washington State Department of Corrections (WDOC). On March 31, 1992, Jeffrey Westfall pled guilty to one count attempted second-degree rape and two counts of residential burglary and was sentenced …
Smith v. Kane County Sheriff, IL, Settlement, Medical Neglect, 2011
Brief • October 25, 2011
Filed under: Medication, Systemic Medical Neglect, Wrongful Imprisonment, Failure to Treat (Mental Illness)
Smith v. Kane County Sheriff, IL, Settlement, Medical Neglect, 2011 SETTLEMENT AGREEMENT AND MUTUAL RELEASE at- This Settlement Agreement and Mutual Release ("Agreement'') is made ~ ~ ' by and between Husan Smith, D.O.B. 12/13/78, residing - d the County. of Kane, the Kane County Sheriff, and the Circuit Court …
Paperwork SNAFU Leaves Mentally Ill Woman Jailed in Louisiana for Eight Months
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Wrongful Imprisonment
Paperwork SNAFU Leaves Mentally Ill Woman Jailed in Louisiana for Eight Months by A paperwork error was blamed for a schizophrenic and bipolar woman being held in Louisiana jails for eight months even though the charges against her were dropped and she had not been appointed an attorney. Louisiana state …
Feds Pay Wrongfully Convicted D.C. Men $1.9 Million
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Wrongful Conviction, Wrongful Imprisonment
Feds Pay Wrongfully Convicted D.C. Men $1.9 Million by The U.S. Department of Justice agreed in April 2011 to pay almost $1.9 million to two former prisoners wrongfully convicted of murder, who spent a combined 49 years in prison for a District of Columbia homicide. Joseph Wayne Eastridge and Joseph …
$85,000 Settlement in Philadelphia Wrongful Imprisonment Suit
Article • September 15, 2011 • from PLN September, 2011
Filed under: Wrongful Imprisonment, Police, False Arrest
$85,000 Settlement in Philadelphia Wrongful Imprisonment Suit by The City of Philadelphia has agreed to pay $85,000 to a man who was wrongfully arrested and imprisoned for a year for a crime ...
Smith v. Kane County Sheriff, IL, Demand Letter, Medical Neglect, 2011
Brief • September 2, 2011
Filed under: Medication, Systemic Medical Neglect, Wrongful Imprisonment, Failure to Treat (Mental Illness)
Smith v. Kane County Sheriff, IL, Demand Letter, Medical Neglect, 2011 ALBUKERK 8c ASSOCIATES A T T O RNEYS & COUNSELORS AT LAW 1450 W R AN DOL P H S T , 2•• FLOOR CHICAGO , ILL I NOI S 60607 TE L : 7 7 3 . 84 …
State Secrets Doctrine Requires Dismissal of Suit Involving CIA Torture Flights
Article • August 15, 2011 • from PLN August, 2011
Filed under: Government Misconduct, Excessive Force, Guard Brutality/Beatings, Disclosure of Records, Discovery, Wrongful Imprisonment, Prisoners-International, Terrorism, Alien Tort Statute (International), Military Prisons
State Secrets Doctrine Requires Dismissal of Suit Involving CIA Torture Flights by On September 8, 2010, the Ninth Circuit Court of Appeals held the “valid assertion of the state secrets privilege” warranted dismissal of a lawsuit filed by suspects apprehended as part of the CIA’s extraordinary rendition program. The suit …
U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment
Article • August 15, 2011 • from PLN August, 2011
Filed under: Prosecutor/Attorney General Misconduct, Malicious Prosecution, Wrongful Conviction, Wrongful Imprisonment, Immunity/Liability, Municipal Liability, Failure to Train/Supervise
U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment by Derek Gilna by Derek Gilna and Brandon Sample In a March 29, 2011 five-to-four decision, the U.S. Supreme Court ruled against a former Louisiana prisoner who filed a § 1983 suit against Orleans Parish …
Provision in Florida Law Prohibits Compensation to Wrongfully Convicted
Article • August 15, 2011 • from PLN August, 2011
Filed under: Damages, Sentencing, Wrongful Conviction, Wrongful Imprisonment, State Legislation
Provision in Florida Law Prohibits Compensation to Wrongfully Convicted by David Reutter by David M. Reutter A “clean hands” provision in a Florida law designed to compensate wrongfully convicted prisoners is preventing most of those prisoners from receiving compensation. Of 13 men cleared by DNA evidence in Florida, only one …
Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors
Article • August 15, 2011 • from PLN August, 2011
Filed under: Sentencing, Parole, Wrongful Imprisonment, Qualified Immunity
Prison Records Officer Entitled to Qualified Immunity; No Evidence of Deliberate Indifference to Sentencing Errors by Mark Wilson On April 22, 2010, the Third Circuit Court of Appeals held that a Pennsylvania prison records officer was entitled to qualified immunity for a prisoner allegedly being confined 10 months beyond his …
$150,000 Settlement in Wrongfully-Convicted Texan's Lawsuit
Article • July 15, 2011
Filed under: Medical, Brain Injury, Failure to Protect (General), Wrongful Conviction, Wrongful Imprisonment
$150,000 Settlement in Wrongfully-Convicted Texan's Lawsuit by In March 2006, the Texas Department of Criminal Justice (TDCJ) settled for $150,000 a lawsuit brought by the guardian of a wrongfully-convicted man who was beaten by another prisoner and suffered permanent severe brain damage. Richard Danziger, a former Texas prisoner, was wrongly …
New York Parolee Detained Without Hearing; City Not Entitled to Summary Judgment
Article • July 15, 2011 • from PLN July, 2011
Filed under: Sentencing, Parole, Wrongful Imprisonment
wrongful imprisonment claims, holding that the defendant, New York City, was not entitled to summary judgment. On December 13, 2001, Keith McDay was arrested in New York on criminal charges and a parole ...
Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims
Article • July 15, 2011 • from PLN July, 2011
Filed under: Attorneys, Attorney Misconduct, Malpractice (Attorneys), Damages, Wrongful Conviction, Wrongful Imprisonment
Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims by Matthew Clarke by Matt Clarke On November 23, 2010, the Massachusetts Supreme Judicial Court issued a pair of opinions that clarify the requirements for suing the state for compensation following an erroneous conviction. Specifically, the Court clarified the requirement that the …
$5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction
Article • July 15, 2011 • from PLN July, 2011
Filed under: Malicious Prosecution, DNA Testing/Samples, Sentencing, Wrongful Conviction, Wrongful Imprisonment
$5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction by The City of Barberton, Ohio has paid $5.25 million to settle a lawsuit filed by a man wrongfully convicted of murder. Clarence Elkins spent almost eight years in prison before being exonerated by DNA evidence in 2005. Elkins …
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