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$49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits

Article • May 15, 2007

Filed under: Sentencing, Ex Post Facto, Good Time, Wrongful Imprisonment

$49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits by $49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits Former Florida State prisoner Rogelio Ibarra's supervision time was increased by the Florida Department of Correction (FDOC) after holding a legislative change in incentive gain …

Highest Texas Court Rules Actual Innocence Trumps Guilty Plea

Article • May 15, 2007

Filed under: Disciplinary Hearings, Guilty Pleas, Habeas Corpus, Wrongful Imprisonment

Highest Texas Court Rules Actual Innocence Trumps Guilty Plea by The Texas Court of Criminal Appeals (TCCA) has held that newly discovered, unquestionable evidence of a prisoner's actual innocence may be raised on state habeas corpus even though the prisoner pleaded guilty. Wesley Ronald Tuley, a Texas state prisoner, filed …

California: Good-Time Statute Not Violative of Ex Post Facto

Article • May 15, 2007

Filed under: Sentencing, Ex Post Facto, Good Time, Wrongful Imprisonment

California: Good-Time Statute Not Violative of Ex Post Facto by The Supreme Court of California held that the application of a good-time statute enacted on January 1, 1983 to prisoners convicted before that time and under a different good-time statute did not violate the state or federal ex post facto …

$500,000 Verdict in Pennsylvania Legal Malpractice Claim

Article • May 15, 2007

Filed under: Malpractice (Attorneys), Sentencing, Wrongful Conviction, Wrongful Imprisonment

$500,000 Verdict in Pennsylvania Legal Malpractice Claim by The plaintiff in this case was charged with rape and indecent assault against a woman who was present at an orgy. Plaintiff said the matter was a consensual encounter. Plaintiff was held in Pennsylvania's Holmesburg Prison in lieu of 10% of a …

$200,000 Paid for Georgia Prisoner's Improper Detainment

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment

$200,000 Paid for Georgia Prisoner's Improper Detainment by Michael A. Vallone was arrested on three misdemeanor charges and detained at Georgia's Douglas County Jail for 7.5 months. He alleged he was not allowed access to an attorney or bail bondsman, and was virtually lost within the jail system. He was …

Holding Prisoner Beyond Release Date Violates Due Process

Article • May 15, 2007

Filed under: Parole, Wrongful Imprisonment, Immunity/Liability, Qualified Immunity

Holding Prisoner Beyond Release Date Violates Due Process by A Louisiana Federal District Court has denied qualified immunity to officials of the Louisiana Department of Corrections (DOC), whose actions in calculating a prisoner's release date kept the prisoner past the date he should have been released. All parties were denied …

California Man Awarded $55,000 for False Arrest

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, False Arrest

California Man Awarded $55,000 for False Arrest by On October 25, 2002, a California jury awarded $55,000 to a man who was falsely arrested by the Los Angeles County Sheriff's Department and held in jail for approximately 4 1/2 days before being released. Plaintiff Roger Brass was arrested on the …

$2,000 For 35 Days Unlawful Confinement by Washington DOC

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment

$2,000 For 35 Days Unlawful Confinement by Washington DOC by Susan Garner was scheduled to be released on June 19, 1998 from the custody of the Washington Department of Corrections. However, her Community Corrections Officer failed to notify law enforcement as required by statute and she was detained an additional …

New Mexico: $50,000 Settlement For False Arrest, Unconstitutional Strip Search

Article • May 15, 2007

Filed under: Management and Training Corporation, Retaliation, Retaliation for Organizing, Strip Searches, Arrestee Searches, Body Cavity Searches, Wrongful Imprisonment, False Arrest

New Mexico: $50,000 Settlement For False Arrest, Unconstitutional Strip Search by In the week of January 1, 2001, a lawsuit alleging false arrest and an unconstitutional strip search in retaliation for supporting a particular candidate for district attorney settled for $50,000. In 1999, while attending Gallup High School, Emily Ellison …

$200 Awarded To Prisoner Wrongfully Held On Keeplock Status

Article • May 15, 2007

Filed under: False Charges (Disciplinary Hearings), Prompt Hearings, Damages, Sentencing, Wrongful Imprisonment

$200 Awarded To Prisoner Wrongfully Held On Keeplock Status by Osvaldo Solis, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on keeplock status. On April 14, 2001, Solis was placed on keeplock confinement for allegedly taking part …

FBI Not Liable for Wrongful Incarceration of Federal Prisoner for Eight Years

Article • May 15, 2007

Filed under: Disciplinary Hearings, Malicious Prosecution, Wrongful Conviction, Wrongful Imprisonment

FBI Not Liable for Wrongful Incarceration of Federal Prisoner for Eight Years by The United States Court of Appeals for the First Circuit dismissed former federal prisoner Frank Boldoc's civil rights complaint for eight years of wrongful incarceration. Boldoc and another former federal prisoner, Francis Larkin, filed this claim under …

Jail Liable for Distress Caused by Hostage Training

Article • May 15, 2007

Filed under: Jail Misconduct, Wrongful Imprisonment, Municipal Liability, Guards/Staff, Employee Litigation

Jail Liable for Distress Caused by Hostage Training by The defendants created a training exercise intended to prepare jailers for a hostage situation, and did entirely too good a job of it, according to the plaintiff jailers. They enlisted two probationary jailers to play inmates. They were allowed into the …

NM Jailers Entitled to Qualified Immunity for Not Releasing Prisoner

Article • May 15, 2007

Filed under: Wrongful Imprisonment, Immunity/Liability, Qualified Immunity

NM Jailers Entitled to Qualified Immunity for Not Releasing Prisoner by The plaintiff obtained an order stating that he should be released from the Taos County Adult Detention Center; however, by then he was at the Bernalillo County Detention Center. Officials at the latter were entitled to qualified immunity for …

Class Certification Denied in Delay of Probable Cause Hearings Suit

Article • May 15, 2007

Filed under: Court Appearances, Civil Procedure, Class Certification, Wrongful Imprisonment

Class Certification Denied in Delay of Probable Cause Hearings Suit by The plaintiffs (196 of them) sought to represent a class of persons arrested without prior probable cause determinations challenging failure to provide timely probable cause hearings. The Supreme Court has said that generally, probable cause hearings should occur within …

Forbidding Prison Nurse From Leaving Work States False Imprisonment

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, Employee Litigation

Forbidding Prison Nurse From Leaving Work States False Imprisonment by The plaintiff prison nurse alleged that, while suffering from a severe bout of poison ivy and trying to leave for medical treatment, she was "held hostage" by her supervisor and prevented from leaving the premises. The supervisor, by instructing an …

Wrongful Arrest Claim Supports Municipal Liability

Article • May 15, 2007

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

Wrongful Arrest Claim Supports Municipal Liability by The plaintiff alleged that he was arrested without probable cause and subjected to excessive force by the police. He was held for 12 days, despite his protestations that the warrant on which he was held was for his twin brother. After he was …

No Liability For Pennsylvania Prisoner Held Six Months Past Release Date

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment

No Liability For Pennsylvania Prisoner Held Six Months Past Release Date by The plaintiff complained that he was detained for six months beyond his maximum release date. His Eighth Amendment claim fails because he does not show deliberate indifference; the defendant in the prison got to work on the problem …

No Qualified Immunity for Holding WI Prisoner Past Release Date

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, Qualified Immunity

No Qualified Immunity for Holding WI Prisoner Past Release Date by The plaintiff alleged that he was held 65 days beyond his release date as a result of a miscalculation, despite his advising the defendants of their mistake and requesting that they correct it. At 720: Incarcerating a prisoner beyond …

Class of Over Detained, Strip Searched DC Prisoners Certified

Article • May 15, 2007

Filed under: Searches, Strip Searches, Class Certification, Wrongful Imprisonment

Class of Over Detained, Strip Searched DC Prisoners Certified by The plaintiffs alleged that they were kept past their release dates by the D.C. Department of Correction; a subclass alleged that they were subjected to strip searches upon return to jail after judicial determinations that there was no basis for …

No Absolute Immunity for Parole Officials

Article • May 15, 2007

Filed under: Parole Board Misconduct, Parole, Wrongful Imprisonment, Probation, Immunity/Liability, Qualified Immunity, Judicial Immunity

No Absolute Immunity for Parole Officials by The Seventh Circuit Court of Appeals reversed a lower court's dismissal of a suit against several parole officials, finding they were not entitled to absolute immunity. In 1990, Lance Dawson was convicted of Indiana criminal charges and placed on probation for 3 years, …