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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 "Some Evidence" 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 …
$250,000 Award in Mississippi False Imprisonment Suit
Article • August 15, 2009 • from PLN August, 2009
Filed under: Sentencing, Wrongful Imprisonment
$250,000 Award in Mississippi False Imprisonment Suit by Last January, a Mississippi federal jury awarded a former prisoner $250,000 for being falsely incarcerated by the Mississippi Department of Corrections (MDOC). The facts of the case exhibit an unbelievable abuse of power by MDOC officials. After pleading guilty to burglary of …
Rodriguez v. City of Houston, TX, Motion for Atty Fees, Wrongful Rape Conviction, 2009
Brief • August 14, 2009
Filed under: Prosecutor/Attorney General Misconduct, Wrongful Conviction, Wrongful Imprisonment
Rodriguez v. City of Houston, TX, Motion for Atty Fees, Wrongful Rape Conviction, 2009 Case 4:06-cv-02650 Document 335 Filed in TXSD on 08/14/2009 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION GEORGE RODRIGUEZ, Plaintiff, v. CITY OF HOUSTON, et al., …
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 …
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