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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 …

Sacramento County Agrees to Pay $2,219.01 to Settle False Imprisonment Claim

Article • May 15, 2010

Filed under: Civil Procedure, Settlements, Wrongful Imprisonment, False Arrest

Sacramento County Agrees to Pay $2,219.01 to Settle False Imprisonment Claim by Brandon Sample By Brandon Sample On June 7, 2004, the County of Sacramento agreed to pay $2,219.01 to settle a false imprisonment claim by a man who was arrested while attempting to visit a prisoner at the Sacramento …

New York State Jury Awards $10,000 for False Imprisonment

Article • May 15, 2010

Filed under: Sentencing, Wrongful Imprisonment, False Arrest

New York State Jury Awards $10,000 for False Imprisonment by A New York State Jury awarded $10,000 in a lawsuit for false arrest and imprisonment. Rames Polanco was detained by police officers of the city of New York on September 9, 2003, under suspicion of sexually assaulting a 14-year-old girl. …

Pierce County, Washington Unlawful Imprisonment Results in $1,000 Settlement

Article • May 15, 2010

Filed under: Sentencing, Wrongful Imprisonment

Pierce County, Washington Unlawful Imprisonment Results in $1,000 Settlement by Washington State’s Pierce County Correction Center paid $1,000 to settle a prisoner’s claim for unlawful imprisonment. On January 31, 2002, Mr. Ted D. Harris was arrested and released on bail after he served twenty-two days. Harris was arrested on February …

"Mere Propinquity" Not Sufficient Probable Cause for Search of Home

Article • May 15, 2010

Filed under: Police Searches, Summary Judgment, Sentencing, Wrongful Imprisonment, Qualified Immunity, Arrest Warrants

"Mere Propinquity" Not Sufficient Probable Cause for Search of Home by "Mere Propinquity" Not sufficient Probable Cause for Search of Home On March 22, 2006, a Sheriff’s Deputy was shot and killed while conducting a traffic stop in Bernalillo County, New Mexico. The search for the primary suspect in the …

Washington State Settles Wrongful Imprisonment Claim for $5,000

Article • May 15, 2010

Filed under: Settlements, Sentencing, Wrongful Imprisonment

Washington State Settles Wrongful Imprisonment Claim for $5,000 by On November 16, 2006, the State of Washington settled a wrongful imprisonment claim against the Department of Corrections ...

Washington DOC Agrees to Pay $87,000 to Settle False Imprisonment Suit

Article • May 15, 2010

Filed under: Settlements, Sentencing, Wrongful Imprisonment

Washington DOC Agrees to Pay $87,000 to Settle False Imprisonment Suit by On April 1, 2008, the Washington Department of Corrections (DOC) agreed to pay $87,000 to a former prisoner who was incarcerated 339 days beyond his lawful release date. On September 7, 2000, Chris Weddle was sentenced for unlawful …

Pierce County Washington Unlawful Imprisonment Results in $5,000 Settlement

Article • May 15, 2010

Filed under: Settlements, Sentencing, Wrongful Imprisonment, False Arrest, Arrest Warrants

Pierce County Washington Unlawful Imprisonment Results in $5,000 Settlement by Washington State’s Pierce County Jail paid $5,000 to settle an unlawful imprisonment claim. On March 14, 1999, Binh Thai Nguyen was arrested in Cowlitz County and booked in the Pierce County Jail. Nguyen was released on March 16, 1999, because …

Pierce County, Washington Pays $2,500 Settlement for Violation of Civil Rights and Missing Vehicle

Article • May 15, 2010

Filed under: Settlements, Wrongful Imprisonment, Police, False Arrest, Excessive Force (Police), Property

Pierce County, Washington Pays $2,500 Settlement for Violation of Civil Rights and Missing Vehicle by Washington State’s Pierce County paid $2,500 to settle a claim for violation of civil rights and misplacing a vehicle. For no apparent reason, Officer J. Billings of the Steilacoom Police department activated his emergency police …

Greene v. City of New York, NY, Memo & Order, False Arrest Wrongful Conviction, 2010

Brief • May 12, 2010

Filed under: Malicious Prosecution, Wrongful Conviction, Wrongful Imprisonment, False Arrest

Greene v. City of New York, NY, Memo & Order, False Arrest Wrongful Conviction, 2010 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 1 of 12 PageID #: 600 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 2 of 12 PageID #: 601 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 3 of …

NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain

Article • April 15, 2010 • from PLN April, 2010

Filed under: Misconduct/Corruption, DOC/BOP misconduct, Parole, Habeas Corpus, Wrongful Imprisonment, Judicial Immunity

NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain by Mark Wilson New York prison officials lack the authority to require prisoners to serve Post-Release Supervision (PRS) that was not ordered by the sentencing court, according to the Second Circuit Court of Appeals and the Appellate …