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Sotomayor for the Prosecution

Article • July 15, 2009

Filed under: Sentencing, Wrongful Conviction, Habeas Corpus, Wrongful Imprisonment

Sotomayor for the Prosecution by James Ridgeway — By James Ridgeway | Wed July 15, 2009 12:18 PM PST Mother Jones Sonia Sotomayor's all-but-certain confirmation will be a notable victory for the Democrats, and a long-overdue victory for diversity on the nation's highest court. Whether it will be a victory …

$1,500 Settlement in Overdetention Claim

Article • July 15, 2009

Filed under: Sentencing, Good Time, Wrongful Imprisonment

$1,500 Settlement in Overdetention Claim by Washington State’s King County Jail has paid Kenneth L. Hoeck $1,500 to settle a claim that he was overdetained by 10 days due to the failure of jail officials to award him good time on his 60 day community custody violation sentence. In response …

Benkahla v. Federal Bureau of Prisons, IN, Proposed Amended Complaint, Wrongful CMU Confinement, 2009

Brief • June 18, 2009

Filed under: Conditions of Confinement, Complaints, Sentencing, Wrongful Imprisonment

Benkahla v. Federal Bureau of Prisons, IN, Proposed Amended Complaint, Wrongful CMU Confinement, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION ) ) ) Plaintiff, ) ) v. ) ) Federal Bureau of Prisons; ) Eric H. Holder, Attorney General of the ) United States; Harley …

California Prosecutors, Parole Board, State Agencies Entitled to Absolute Immunity in Parole Decisions

Article • June 15, 2009

Filed under: Sentencing, Parole, Habeas Corpus, Wrongful Imprisonment, Eleventh Amendment Immunity, Prosecutorial Immunity, Sovereign Immunity

California Prosecutors, Parole Board, State Agencies Entitled to Absolute Immunity in Parole Decisions by The Ninth Circuit Court of Appeal has held that prosecutors, parole board members and state agencies are entitled to absolute immunity for participating in or making parole decisions. The Court’s ruling comes in the case of …

$650 Settlement for Lost Property, Stolen Identity Claim

Article • June 15, 2009

Filed under: Wrongful Imprisonment, Money/Property, Prisoner Property

$650 Settlement for Lost Property, Stolen Identity Claim by Washington State’s King County Jail has paid $650 to settle the lost property claim of Dion K. Humphrey. In December 2002, the Jail gave Humphrey’s social security card, driver’s license and clothes to Scott Williamson, who had stolen Humphrey’s identity. The …

Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case

Article • June 15, 2009

Filed under: Police Misconduct, Attorney Fee Awards, Summary Judgment, Damages, Costs, New Trial Motions, Expert Witnesses, Wrongful Conviction, Wrongful Imprisonment, Immunity/Liability, Qualified Immunity, Supervisory Liability, Municipal Liability, False Arrest

Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …

Jury Awards $1.8 Million for False Arrest and Malicious Prosecution

Article • June 15, 2009

Filed under: Retaliation, Damages, Wrongful Imprisonment, Police, False Arrest, Excessive Force (Police)

Jury Awards $1.8 Million for False Arrest and Malicious Prosecution by In April, 2008, five Maryland men were awarded more than $1.8 million in compensatory and punitive damages in a civil rights suit alleging false arrest and malicious prosecution by Baltimore police officer Robert Cirello. Plaintiffs' attorneys, James L. Rhodes …

Ohio Woman Awarded $350,000 for False Arrest

Article • June 15, 2009

Filed under: Police Misconduct, Damages, Wrongful Imprisonment, Immunity/Liability, Qualified Immunity, False Arrest, Arrest Warrants

Ohio Woman Awarded $350,000 for False Arrest by On August 30, 2005, a federal jury in Ohio awarded Michelle Black-Hosang $100,000 in compensatory damages, as well as $250,000 in punitive damages for her unlawful arrest by Sergeant James Mendenhall of the Ohio State Police. Additionally, Black-Hosang is seeking more than …

Oregon Detainee Paid $30,000 for 90 Days Illegal Jail Confinement

Article • June 15, 2009 • from PLN June, 2009

Filed under: Sentencing, Wrongful Imprisonment

Oregon Detainee Paid $30,000 for 90 Days Illegal Jail Confinement by Oregon Detainee Paid $30,000 for 90 Days Illegal Jail Confinement The State of Oregon and Multnomah County have paid a man $30,000 to settle his suit for 90 days of illegal confinement. Ira Robinson was detained in the Multnomah …

Overdetained California Prisoner Wins $21,800 for False Imprisonment

Article • May 15, 2009 • from PLN May, 2009

Filed under: Civil Procedure, Damages, Administrative Exhaustion, Good Time, Wrongful Imprisonment

Overdetained California Prisoner Wins $21,800 for False Imprisonment by John Dannenberg by John E. Dannenberg The California Court of Appeal upheld a Superior Court verdict of $21,800 against state prison officials in a lawsuit filed by a prisoner whose eventually-corrected good time credit earning rate resulted in his being released …

Indeterminate Commitment Order Reversed on Appeal

Article • May 15, 2009

Filed under: Civil Procedure, Appeals, Retroactivity, Habeas Corpus, Wrongful Imprisonment, Sex Offender Treatment, Civil Commitment

Indeterminate Commitment Order Reversed on Appeal by On March 15, 2007, a California superior court erroneously granted a motion requesting the involuntary commitment of David Litmon, Jr. for an indeterminate length of time. The State filed the motion under the terms of Proposition 83, which went into effect in 2006 …

Mississippi Woman Awarded $75,000 for Wrongful Incarceration Due to Court Clerk Error

Article • May 15, 2009

Filed under: Wrongful Imprisonment, Immunity/Liability, Municipal Liability, False Arrest, Arrest Warrants

Mississippi Woman Awarded $75,000 for Wrongful Incarceration Due to Court Clerk Error by On October 19, 2005, a federal jury in Mississippi awarded Michelle Hobbs $75,000 after she was wrongfully detained for 4 hours based on an arrest warrant mistakenly issued by a court clerk. Hobbs's initial arrest occurred in …

Missouri DOC Ordered to Pay Ex-Prisoner $10,600 for Wrongful Imprisonment

Article • May 15, 2009

Filed under: Misconduct/Corruption, DOC/BOP misconduct, Damages, Wrongful Imprisonment

Missouri DOC Ordered to Pay Ex-Prisoner $10,600 for Wrongful Imprisonment by On May 20, 2005, a federal jury in Eastern Missouri awarded ex-prisoner, Daryl Davis, $10,600 after corrections ...

Plaintiffs Prevail in Objections to Taxed Bill of Costs

Article • May 15, 2009

Filed under: Costs, Sentencing, Wrongful Conviction, Wrongful Imprisonment, False Arrest

Plaintiffs Prevail in Objections to Taxed Bill of Costs by Following their arrest, conviction and imprisonment in 2002, Plaintiffs Kimberly Sykes and Tevya Urquhart, had the convictions overturned on appeal in 2004. Each woman then filed suit against various police officers in 2005 pursuant to 42 U.S.C. sec. 1983 alleging …

$4,000 Settlement in Failure to Arraign

Article • May 15, 2009

Filed under: Criminal Prosecution, 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 asserted 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 …

$15,000,000 Verdict for LA Police Officers Upheld

Article • May 15, 2009

Filed under: Police Misconduct, Prosecutor/Attorney General Misconduct, Civil Procedure, Damages, Wrongful Imprisonment, Employee Litigation, False Arrest

$15,000,000 Verdict for LA Police Officers Upheld by On July 14, 2008, the U.S. Court of Appeals for the Ninth Circuit upheld a $15,000,000 verdict for three LA police officers who suffered civil rights violations related to an improper and negligent investigation into the officers’ alleged illegal conduct. Paul Harper, …

Time Spent in Civil Commitment Detention Credited Toward Criminal Sentence

Article • April 15, 2009

Filed under: Sentencing, Good Time, Parole, Habeas Corpus, Wrongful Imprisonment, Civil Commitment

Time Spent in Civil Commitment Detention Credited Toward Criminal Sentence by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility, for the purposes of sentence calculation. The Court’s ruling came …

Court Orders BOP to Recalculate Prisoner’s Good Time

Article • April 15, 2009

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

Court Orders BOP to Recalculate Prisoner’s Good Time by On January 10, 2007, U.S. Magistrate Judge Janice M. Stewart granted a habeas corpus petition filed by a federal prisoner who alleged that the Bureau of Prisons (BOP) miscalculated his good conduct time (GCT). George Scott Kelly was convicted of felony …

Eighth Circuit Holds Failure of U.S. Parole Commission to Hold Early Termination Hearing Does Not Make Custody Illegal

Article • April 15, 2009

Filed under: Sentencing, Parole, Habeas Corpus, Wrongful Imprisonment, U.S. Sentencing Guidelines

Eighth Circuit Holds Failure of U.S. Parole Commission to Hold Early Termination Hearing Does Not Make Custody Illegal by The Eighth Circuit Court of Appeals has held that 18 U.S.C. sec. 4211(c)(1) creates only a right to an early parole termination hearing, not a right to release in the absence …

Dismissal of Suit Challenging Loss of Diminution Credits Upheld

Article • April 15, 2009

Filed under: Prison Labor, Education, Civil Procedure, Parties, Good Time, Wrongful Imprisonment

Dismissal of Suit Challenging Loss of Diminution Credits Upheld by On May 8, 2008, the Maryland Court of Special Appeals upheld the dismissal of a prisoner suit challenging the loss of diminution credits. Alfred Fraction and Gregory Nutter, Maryland prisoners, sued the Secretary of the Department of Public Safety and …