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Sacramento County Settles Excessive Force/False Arrest Suit for $1,000

Article • January 15, 2010

Filed under: Guard Brutality/Beatings, Sentencing, Wrongful Imprisonment, Arrest Warrants

Sacramento County Settles Excessive Force/False Arrest Suit for $1,000 by On January 16, 2004, the County of Sacramento, California settled for $1,000 a suit brought by a former Sacramento County Jail prisoner whose arm had allegedly been broken by a deputy and who had been arrested without an outstanding warrant. …

$1.31 Million Award to Wrongfully Jailed California Man

Article • January 15, 2010 • from PLN January, 2010

Filed under: Police Misconduct, Sentencing, Wrongful Imprisonment, False Arrest

$1.31 Million Award to Wrongfully Jailed California Man by A California federal jury awarded $1.31 million to a man who spent eight months in jail for being unlawfully arrested on a home invasion murder he did not commit. Within eight hours of the November 1, 2005 crime, Edmond Ovasapyan was …

$20,000 Settlement by King County in Assault, False Imprisonment Claim

Article • January 15, 2010

Filed under: Guard Brutality/Beatings, Sentencing, Wrongful Imprisonment

$20,000 Settlement by King County in Assault, False Imprisonment Claim by Washington State’s King County has settled an excessive force and false imprisonment claim for $20,000. The claim, brought by Bradley T. Nebinger, sought compensation for injuries incurred at the jail on March 4, 2006. Nebinger claimed that he was …

Rodriguez v. City of Houston, TX, Atty Fee Order, Wrongful Rape Conviction, 2009

Brief • December 22, 2009

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

Rodriguez v. City of Houston, TX, Atty Fee Order, Wrongful Rape Conviction, 2009 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 1 of 7 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 2 of 7 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 3 …

$11,000 Settlement for Arresting Wrong Person

Article • December 15, 2009

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

$11,000 Settlement for Arresting Wrong Person by On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging Fourth and Fourteenth Amendment civil rights violations, as well as penal and civil code violations. …

$110,000 Award for Florida Man Falsely Arrested for Child Molestation

Article • October 15, 2009

Filed under: Sentencing, Wrongful Imprisonment, False Arrest

$110,000 Award for Florida Man Falsely Arrested for Child Molestation by A Florida jury awarded a man $10,000 for being falsely arrested on a child molestation charge. Following the verdict, the trial court awarded the man an additional $100,000. The plaintiff lived next to a 5-year-old girl. In 2005, the …

Gell v. Town of Aulander, NC, Settlement, Malicious Prosecution Wrongful Conviction, 2009

Brief • October 1, 2009

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

Gell v. Town of Aulander, NC, Settlement, Malicious Prosecution Wrongful Conviction, 2009 IN THE UNITED STATES DISTRICT COURT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA CAROLINA DIVISION NORTHERN DIVISION 2:05-CV-21-FL(1) CASE NO.: 2:05-CV-21-FL(1) JAMES ALAN GELL, Plaintiff, v. ) ) ) ) ) TOWN OF AULANDER, AULANDER ) POLICE …

Why False Imprisonment Recoveries Should Not Be Taxable

Article • September 15, 2009 • from PLN September, 2009

Filed under: Physical Injury Rule, Damages, Wrongful Conviction, Wrongful Imprisonment, Money/Property, Tax Law

isn’t physical. Yet I believe wrongful imprisonment is by its very nature physical. The fact that the internment rulings pre-date the 1996 statutory change should be irrelevant. General Welfare Exception ...

3 Days Illegal Imprisonment Nets $5,500

Article • September 15, 2009

Filed under: Sentencing, Wrongful Imprisonment

3 Days Illegal Imprisonment Nets $5,500 by Washington’s King County paid $5,500 to settle a claim that a probation officer was negligent in her duties, causing the claimant, Lolita Urie, to be improperly and illegally arrested. When Urie timely appeared for a probation appointment with King County Probation Officer Nancy …

$2,500 Settlement for Wrongful Arrest

Article • September 15, 2009

Filed under: Sentencing, Wrongful Imprisonment, False Arrest

$2,500 Settlement for Wrongful Arrest by Washington State’s King County paid $2,500 to settle the claim of Randy A. Field, who was wrongfully arrested on September 20, 2004 and January 21, 2005 for violation of a non-contact order (NCO) with his wife, which had been withdrawn on November 9, 2001 …

Time Served In Excess of Base Term Cannot Be Used to Reduce Parole Period

Article • September 15, 2009

Filed under: Sentencing, Parole, Wrongful Imprisonment

Time Served In Excess of Base Term Cannot Be Used to Reduce Parole Period by The California Court of Appeal for the First Appellate District has affirmed the denial of a habeas petition filed by a parolee seeking discharge from parole based on time served in excess of the prisoner’s …

California Governor's Reversal of Lifer's Grant of Parole Not Based On "Some Evidence"

Article • September 15, 2009

Filed under: Sentencing, Parole, Wrongful Imprisonment

California Governor's Reversal of Lifer's Grant of Parole Not Based On &quot;Some Evidence&quot; by California Governor's Reversal of Lifer's Grant of Parole Not Based On "Some Evidence" The U.S. District Court for the Southern District of California granted a writ of habeas corpus to a California lifer whose grant of …

Collateral Consequences not Presumed in Moot Habeas Petition Challenging BOP Early Release Denial

Article • September 15, 2009

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

Collateral Consequences not Presumed in Moot Habeas Petition Challenging BOP Early Release Denial by The Third Circuit Court of Appeals has held that a petitioner’s habeas corpus is moot when it is only “likely” that a sentencing court will reduce the terms of supervised release. The Court’s holding comes in …

$4,000 Settlement in Failure to Arraign

Article • September 15, 2009

Filed under: Sentencing, Wrongful Imprisonment

$4,000 Settlement in Failure to Arraign by Washington State’s King County Jail has paid $4,000 to settle the claim of Michael Chiofar, which sought damages for the failure of the Jail to assure that he was arraigned within 72 hours of his arrest as required by Washington law. He claimed …

$8,000 Settlement for 10 Days of Wrongful Detention

Article • September 15, 2009

Filed under: Sentencing, Good Time, Wrongful Imprisonment

$8,000 Settlement for 10 Days of Wrongful Detention by Washington State’s King County has paid $8,000 to settle the claim of Pantaleon F. Alba, who was overdetained by 10 days due to King County Correctional Facility records clerk, Kimberly Carver, failing to correct his good time credits. Carver transmitted to …

$16,000 Settlement in Seattle Wrongful Imprisonment Claim

Article • September 15, 2009

Filed under: Misconduct/Corruption, Jail Misconduct, Wrongful Imprisonment

$16,000 Settlement in Seattle Wrongful Imprisonment Claim by Washington State’s King County paid $16,000 to settle the civil rights suit of Christopher L. Larson, who was due to be released ...

$20,000 Settlement for False Imprisonment by Seattle Jail

Article • September 15, 2009

Filed under: Sentencing, Wrongful Imprisonment

$20,000 Settlement for False Imprisonment by Seattle Jail by Washington State’s King County paid $20,511.02 to Thomas Padgett, Jr. for being falsely imprisoned from June 3 through 15, 2001. When Padgett was arrested and taken to the jail, he was not brought before a judge until June 15, which resulted …

$3,900 Settlement in False Imprisonment by Seattle Jail

Article • September 15, 2009

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

$3,900 Settlement in False Imprisonment by Seattle Jail by Washington State’s King County Jail paid $3,848.54 to settle the false imprisonment claim of Amanda Markholt, who was arrested on a warrant out of Pierce County for failing to take a blood test. The same day of her arrest, December 31, …

$7,500 Settlement for Seattle Police Officer Withholding Exculpatory Information

Article • September 15, 2009

Filed under: Police Misconduct, Crime/Demographics, Criminal Prosecution, Wrongful Imprisonment, False Arrest

$7,500 Settlement for Seattle Police Officer Withholding Exculpatory Information by Washington State’s King County paid $7,540.64 to settle the claim of Richard D. Sweat, who was arrested for attempted robbery. During the investigation, Deputy Kirk Rains of the King County Sheriff’s Office was advised that the alleged crime was committed …

$100,000 Settlement in Illegal Imprisonment Caused by Massachusetts’ Failure to Implement Court Order

Article • August 15, 2009 • from PLN August, 2009

Filed under: Sentencing, Wrongful Imprisonment

$100,000 Settlement in Illegal Imprisonment Caused by Massachusetts’ Failure to Implement Court Order by David Reutter by David M. Reutter A former Massachusetts prisoner has received $100,000 to settle a claim of wrongful and illegal confinement. PLN previously reported on this incident, which stems from the failure of the Massachusetts …