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Miscalculation of Sentence Defeats Summary Judgment

Article • May 15, 2007

Filed under: Sentencing, Good Time, Wrongful Imprisonment, Qualified Immunity

Miscalculation of Sentence Defeats Summary Judgment by A Florida Federal District Court held that prison officials may be held liable for miscalculating a prisoner's release date and causing him to be detained beyond his sentence expiration. Former prisoner James S. McCurry brought suit under 42 U.S.C. section 1983 seeking monetary …

$8.2 Million Awarded for Florida Malicious Prosecution

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, False Arrest

$8.2 Million Awarded for Florida Malicious Prosecution by A Florida federal jury awarded a former employee of Brinks, Inc. $8,261,050 for malicious prosecution by Brinks' failure to provide complete information and withholding important evidence from the police regarding a theft. In 1996, while plaintiff was an employee of Brinks, $350,000 …

Florida Jury Awards $225,000 in False Arrest/Malicious Prosecution Claim

Article • February 15, 2006 • from PLN February, 2006

Filed under: Disciplinary Hearings, False Charges (Disciplinary Hearings), Damages, Wrongful Imprisonment

Florida Jury Awards $225,000 in False Arrest/Malicious Prosecution Claim by A Florida jury has awarded $225,000 in a case against the City of Clearwater and an individual detective on a claim of false arrest, malicious prosecution, and intentional infliction of emotional distress. The Plaintiff claimed he was falsely arrested on …

PLRA Physical Injury Rule Applied to Non-Prison Case

Article • May 15, 2004 • from PLN May, 2004

Filed under: PLRA, Physical Injury Rule, Damages, Limitations, Wrongful Imprisonment

PLRA Physical Injury Rule Applied to Non-Prison Case by PLRA Physical Injury Rule Applied to Non-Prison Case The Eleventh Circuit Court of Appeals has held that the Prison Litigation Reform Act (PLRA) applies to lawsuits that claim injuries suffered during custodial episodes, even if such custody occurred outside prison walls. …

Florida Juveniles Get Lost among Transfer Shuffle, Extending Stays in Wasting Money

Article • December 15, 2003

Filed under: DOC/BOP misconduct, Failure to Protect (General), Guard Brutality/Beatings, Wrongful Imprisonment, Mental Health, Failure to Treat (Mental Illness), Suicides, Juvenile Prisons

Florida Juveniles Get Lost among Transfer Shuffle, Extending Stays in Wasting Money by Florida Juveniles Get Lost among Transfer Shuffle, Extending Stays in Wasting Money By David M. Reutter Florida's Department of Juvenile Justice (DJJ) regularly transfers its wards among several programs, resulting in extended terms of incarceration, which has …

CSC Cancels Florida Juvenile Facility Contract

Article • December 15, 1999 • from PLN December, 1999

Filed under: Esmor/CSC, Contractor Misconduct, Conditions of Confinement, Totality of Conditions, Guard Brutality/Beatings, Education, Disclosure of Records, Wrongful Imprisonment

CSC Cancels Florida Juvenile Facility Contract by Correctional Services Corp. (CSC) announced Aug. 23, 1999 that it was withdrawing from an $8.7 million-a-year contract to operate the Pahokee Youth Development Center, a 350 bed Florida juvenile facility, 8 months before the contract is due to expire. The announcement came six …

Juveniles Held Hostage for Profit by CSC in Florida

Article • June 15, 1999 • from PLN June, 1999

Filed under: Esmor/CSC, Contractor Misconduct, Conditions of Confinement, Totality of Conditions, Guard Brutality/Beatings, Education, Wrongful Imprisonment, Juveniles, Juvenile Prisons

Juveniles Held Hostage for Profit by CSC in Florida by Alex Friedmann According to a consultant hired by the Florida Department of Juvenile Justice, the Pahokee Youth Development Center (Juvenile prison) operated by the Correctional Services Corporation (CSC) kept ten juvenile detainees beyond their release dates for no other reason …

No Immunity for Florida Private Jail

Article • February 15, 1998 • from PLN February, 1998

Filed under: Private Prisons, Corrections Corporation of America/CoreCivic, Wrongful Imprisonment, Qualified Immunity, Municipal Liability, Contractor Liability

No Immunity for Florida Private Jail by The district court for the middle district of Florida held that the sheriff, the county and a private corporation operating the county jail were liable for detaining an arrestee for 30 days without a probable cause hearing. The court also held that monetary …

Private Prison Liable for Wrongful Imprisonment

Article • February 15, 1997 • from PLN February, 1997

Filed under: Private Prisons, Corrections Corporation of America/CoreCivic, Wrongful Imprisonment, Municipal Liability, Contractor Liability

Private Prison Liable for Wrongful Imprisonment by A federal district court in Florida held that a private corporation which ran a county jail under contract was liable for a detainee's ...

Federal Prisoner Must Exhaust BOP Remedies Before Seeking Habeas Corpus Relief

Article • August 15, 1992 • from PLN August, 1992

Filed under: Administrative Exhaustion, Sentencing, Good Time, Habeas Corpus, Wrongful Imprisonment

Federal Prisoner Must Exhaust BOP Remedies Before Seeking Habeas Corpus Relief by Federal prisoner Ivan Gonzalez was convicted of possession with intent to distribute three kilograms of cocaine. He was sentenced to five years of imprisonment. The U.S. Parole Commission calculated a presumptive parole date of May 30, 1990. When …