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IRS excluded wrongful incarceration, Memo, IRS, 2010

Brief • November 4, 2010

Filed under: Wrongful Conviction, Wrongful Imprisonment, Tax Law

IRS excluded wrongful incarceration, Memo, IRS, 2010 Doc 2010-24317 (2 pgs) Office of Chief Counsel Internal Revenue Service memorandum Number: 201045023 Release Date: 11/12/2010 CC:ITA:B04:SAIskow PRESP-140001-10 UILC: date: to: from: subject: Third Party Communication: None Date of Communication: Not Applicable 104.03-00 November 04, 2010 David Alito Acting Director, Compliance (W&I) …

Texas Controversy: Governor Guts Forensic Science Commission

Article • October 15, 2010 • from PLN October, 2010

Filed under: Government Misconduct, Expert Witnesses, Sentencing, Wrongful Conviction, Wrongful Imprisonment, Death Penalty

Texas Controversy: Governor Guts Forensic Science Commission by Matthew Clarke by Matt Clarke Texas Governor Rick Perry caused considerable controversy on Sept. 30, 2009 when he replaced three members of the Texas Forensic Science Commission, just two days before the commission’s hearing on a report that an innocent man may …

Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions

Article • October 15, 2010 • from PLN October, 2010

Filed under: Sentencing, Wrongful Imprisonment

Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions by Michael Brodheim In an official-capacity action brought under 42 U.S.C. § 1983 against Los Angeles County Sheriff Leroy D. Baca, the plaintiffs alleged they remained in the custody of the Sheriff’s Department, in violation of their constitutional rights, for …

$10 Million Settlement for Former Colorado Prisoner Cleared by DNA

Article • September 15, 2010 • from PLN September, 2010

Filed under: Police Misconduct, Prosecutor/Attorney General Misconduct, Malicious Prosecution, DNA Testing/Samples, Civil Procedure, Settlements, Wrongful Conviction, Wrongful Imprisonment

$10 Million Settlement for Former Colorado Prisoner Cleared by DNA by David Reutter by David M. Reutter On February 16, 2010, Colorado’s Larimer County Commission approved a $4.1 million settlement with a former prisoner who served 10 years of a life sentence for a murder he didn’t commit. The settlement …

$2 Million in Settlements for Wrongful Arrest, Conviction in Ohio

Article • September 15, 2010 • from PLN September, 2010

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

$2 Million in Settlements for Wrongful Arrest, Conviction in Ohio by Two former Ohio prisoners have accepted settlements totaling $2 million after being wrongly imprisoned for crimes they did not commit. One of the men, Derris Lewis, spent 18 months in jail pending trial on murder charges. The other, Robert …

Former Prisoner Accepts $179,000 for Wrongful Conviction Under New Florida Law

Article • September 15, 2010 • from PLN September, 2010

Filed under: Sentencing, Wrongful Conviction, Wrongful Imprisonment

Former Prisoner Accepts $179,000 for Wrongful Conviction Under New Florida Law by David Reutter After initially declining to accept $179,000 under Florida’s Victims of Wrongful Incarceration Compensation Act, Leroy McGee agreed to receive compensation pursuant to that statute for serving 43 months in prison for a crime he didn’t commit. …

Innocence Project Report on Compensation and Reentry Services for Exonerated Prisoners

Article • September 15, 2010 • from PLN September, 2010

Filed under: Commentary/Reviews, Resources, DNA Testing/Samples, Statistics/Trends, Wrongful Conviction, Wrongful Imprisonment

convicted of attacking led to the passage of the Tim Cole Act in 2009. [See: PLN, Dec. 2009, p.26]. The Act provides for $80,000 per year of wrongful imprisonment, $25,000 per year on parole ...

Texas Youth Commission Pays $625,000 to Settle Abuse Suit

Article • August 15, 2010 • from PLN August, 2010

Filed under: Staff-Prisoner Assault, Prisoner-Prisoner Assault, Legality of Rules, Settlements, Wrongful Imprisonment, Mental Health, Failure to Treat (Mental Illness), Failure to Protect (Juveniles), Juvenile Prisons

Texas Youth Commission Pays $625,000 to Settle Abuse Suit by Gary Hunter To settle a federal lawsuit, the Texas Youth Commission (TYC) agreed to pay $625,000 in damages to four youths who were grossly abused by the states’ corrupt juvenile justice system. The largest payout of $345,000 went to plaintiff …

$145,000 Settlement by New York City After Holding Immigration Detainee Beyond 48 Hours

Article • August 15, 2010 • from PLN August, 2010

Filed under: Civil Procedure, Settlements, Wrongful Imprisonment, Detainers, Immigration

$145,000 Settlement by New York City After Holding Immigration Detainee Beyond 48 Hours by David Reutter by David M. Reutter A $145,000 settlement by the New York City Department of Corrections (DOC) provides a new twist in the area of immigration law. The main allegation in the complaint was that …

North Carolina Innocence Commission Verifies Wrongful Conviction

Article • August 15, 2010 • from PLN August, 2010

Filed under: Sentencing, Wrongful Conviction, Wrongful Imprisonment

North Carolina Innocence Commission Verifies Wrongful Conviction by Matthew Clarke by Matt Clarke After examining hundreds of cases, the North Carolina Innocence Inquiry Commission has verified its first claim of innocence – which resulted in both controversy and stinging criticism from prosecutors. In 2006, North Carolina became the first state …

Bozella v. The County of Dutchess, NY, Amended Complaint, Wrongful Conviction, 2010

Brief • August 12, 2010

Filed under: Wrongful Conviction, Wrongful Imprisonment

Bozella v. The County of Dutchess, NY, Amended Complaint, Wrongful Conviction, 2010 Case 7:10-cv-04917-CS Document 21 Filed 08/12/10 Page 1 of 34 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------------]{ DEWEY R. BOZELLA, Plaintiff, ANSWER Civil Action No.: 10-CV-4917 (CS) -against- THE COUNTY OF DUTCHESS; THE CITY OF …

Tankleff v. New York, NY, Complaint, Wrongful Conviction, 2010

Brief • July 16, 2010

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

Tankleff v. New York, NY, Complaint, Wrongful Conviction, 2010 STATE OF NEW YORK: COURT OF CLAIMS -------------------------------------------------------------){ MARTIN TANKLEFF, VERIFIED CLAIM FOR DAMAGES -against- RECEIVED THE STATE OF NEW YORK. -------------------------------------------------------------){ To the Clerk of the Court of Claims: To the Attomey General of the State of New York: 'JUL …

DNA Exonerations in Georgia Result in Disparate Compensation Awards

Article • July 15, 2010 • from PLN July, 2010

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

DNA Exonerations in Georgia Result in Disparate Compensation Awards by David Reutter by David M. Reutter The disparity in compensation awards for prisoners exonerated by DNA evidence in Georgia demonstrates the need for evenhanded compensation laws. Five wrongly convicted prisoners, Clarence Harrison, Robert Clark, Douglas Echols, Samuel Scott and Willie …

San Francisco Settles Wrongful Incarceration Cases for $7.5 Million

Article • July 15, 2010 • from PLN July, 2010

Filed under: Police Misconduct, Prosecutor/Attorney General Misconduct, Malicious Prosecution, Settlements, Wrongful Conviction, Wrongful Imprisonment, Immunity/Liability, Qualified Immunity

San Francisco Settles Wrongful Incarceration Cases for $7.5 Million by Michael Brodheim Nearly six years after his release from prison, Antoine Goff received a measure of belated justice – a $2.9 million settlement for almost 13 years of wrongful incarceration. Goff and his co-plaintiff, John “J.J.” Tennison, had filed complaints …

Washington DOC Agrees to Pay $2,300 to Man Kept Beyond Release Date

Article • July 15, 2010

Filed under: Sentencing, Wrongful Imprisonment

Washington DOC Agrees to Pay $2,300 to Man Kept Beyond Release Date by On January 25, 2008, the Washington Department of Corrections (DOC) agreed to pay $2,300 to a man who was detained beyond his release date. Cecil Dudgeon was supposed to be released on May 13, 2005; however, he …

Florida Prisoner Exonerated by DNA After Serving 35 Years

Article • June 15, 2010 • from PLN June, 2010

Filed under: Misconduct/Corruption, Police Misconduct, DNA Testing/Samples, Wrongful Conviction, Wrongful Imprisonment

Florida Prisoner Exonerated by DNA After Serving 35 Years by David Reutter by David M. Reutter After 35 years of proclaiming his innocence for the kidnapping and rape of a 9-year-old boy, James Bain, 54, was finally proven innocent and released from a Florida prison on December 17, 2009. Of …

Political Uproar Follows NC Court Ruling that Life Sentence is 80 Years

Article • May 15, 2010 • from PLN May, 2010

Filed under: Government Misconduct, Sentencing, Good Time, Parole, Habeas Corpus, Wrongful Imprisonment

Political Uproar Follows NC Court Ruling that Life Sentence is 80 Years by David Reutter by David M. Reutter A political brouhaha arose in October 2009 in the wake of a North Carolina appellate court decision which held that a “life sentence is as an 80-year sentence for all purposes.” …

Are Debtors’ Prisons Making a Comeback in Indiana?

Article • May 15, 2010 • from PLN May, 2010

Filed under: Sentencing, Wrongful Imprisonment, Restitution

Are Debtors’ Prisons Making a Comeback in Indiana? by Justin Miller Concerns are growing that small claims courts in Indiana may be taking actions that amount to the return of debtors’ prisons, sparking national debate on the issue. This has occurred despite objections from the state’s Court of Appeals as …

$1.5 Million Settlement in New York City False Arrest Suit

Article • May 15, 2010

Filed under: Disciplinary Hearings, Malicious Prosecution, Failure to Protect (General), Settlements, Wrongful Imprisonment, False Arrest

$1.5 Million Settlement in New York City False Arrest Suit by The City of New York paid $1.5 million to settle a lawsuit brought by a man who spent nine months in jail after being falsely accused of selling Ecstasy to an undercover officer. The plaintiff, a taxi driver in …

Sacramento County Agrees to Pay $1,000 to Settle Claim of False Imprisonment

Article • May 15, 2010

Filed under: Civil Procedure, Settlements, Wrongful Imprisonment

Sacramento County Agrees to Pay $1,000 to Settle Claim of False Imprisonment by On December 22, 2005, the County of Sacramento agreed to pay $1,000 to settle a claim by a man who was erroneously held seven days beyond his sentence. Don Daniel was scheduled to be released from RCCC …