Search | Wrongly Convicted

Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit

Article • March 15, 2010 • from PLN March, 2010

Filed under: Civil Procedure, Limitations, Wrongful Imprisonment

his § 1983 claim” and noting that he could resubmit his claim in a federal habeas corpus petition. The Fourth Circuit weighed in on the sole issue of “whether Wilson’s § 1983 claim for wrongful ...

Washington DOC Ordered to Pay $174,000 for False Imprisonment

Article • March 15, 2010 • from PLN March, 2010

Filed under: Civil Procedure, Damages, Costs, Wrongful Imprisonment

Washington DOC Ordered to Pay $174,000 for False Imprisonment by A Washington state woman has been awarded $174,000 in damages after the Washington Department of Corrections (DOC) miscalculated her sentence, causing her to stay in prison an extra 18 months. Melanie Hinkle was convicted of conspiracy to commit murder in …

$6,000 Settlement in Illegal Arrest of Washington State Probationer

Article • February 15, 2010 • from PLN February, 2010

Filed under: Misconduct/Corruption, Parole Board Misconduct, DOC/BOP misconduct, Parole, Wrongful Imprisonment, False Arrest

$6,000 Settlement in Illegal Arrest of Washington State Probationer by The State of Washington paid $6,000 to settle a wrongful imprisonment claim. The claim involved the probation ...

Lewis v. Young, OH, Complaint, Identical Twin Murder Case Wrongful Imprisonment, 2010

Brief • February 12, 2010

Filed under: Wrongful Conviction, Wrongful Imprisonment, False Arrest

Lewis v. Young, OH, Complaint, Identical Twin Murder Case Wrongful Imprisonment, 2010 Case: 2:10-cv-00125-ALM -EPD Doc #: 2 Filed: 02/12/10 Page: 1 of 30 PAGEID #: 3 "- IN THE UNITED STATES ...

$1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge

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

Filed under: Police Misconduct, Civil Procedure, Damages, Wrongful Imprisonment

$1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge by On February 25, 2009, a California federal jury awarded $1,310,000 to a man who spent eight months in jail facing a murder charge that was eventually dismissed. Shortly after Christopher Shahnazari was shot in Glendale, California on November …

Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant

Article • January 15, 2010

Filed under: Staff-Prisoner Assault, Damages, New Trial Motions, Sentencing, Wrongful Imprisonment, Civil Commitment, Employee Litigation

Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant by A remitter has been ordered in a 42 U.S.C. § 1983 action brought by a psychologist formerly employed by the New York State Office of Mental Retardation and Developmental Disabilities (DMRDD) after the psychologist was …

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. …

Lago v. City of New York, NY, Preliminary Statement, false arrest imprisonment police sexual assault, 2009

Brief • December 1, 2009

Filed under: Assault by Police, Police Misconduct, Wrongful Imprisonment, False Arrest

Lago v. City of New York, NY, Preliminary Statement, false arrest imprisonment police sexual assault, 2009 Case 1:09-cv-09863-LAK Document 1 Filed 12/01/2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X IRIS LAGO, ) ) Plaintiff, ) ) -against) ) THE CITY OF NEW YORK; NEW YORK CITY ) …

$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 …