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Psychological Coercion Not Legal Component Of Involuntary Servitude

Article • May 15, 2007

Filed under: Prison Labor, Wrongful Imprisonment, Mental Health

Psychological Coercion Not Legal Component Of Involuntary Servitude by The U.S. Supreme Court held that the use of psychological pressure did not violate U.S. statutes prohibiting involuntary servitude. After two mentally retarded individuals were found laboring on a farm for up to 17 hours a day with no pay due …

Unconstitutional to Hold Wisconsin Prisoner Beyond Mandatory Release Date

Article • May 15, 2007

Filed under: Sentencing, Parole, Wrongful Imprisonment

Unconstitutional to Hold Wisconsin Prisoner Beyond Mandatory Release Date by by Matthew T. Clarke Wisconsin court of appeals held that Wisconsin Department of Corrections (DOC) officials who held a prisoner beyond his mandatory release date (MRD) violated the prisoner's Eighth Amendment rights. James Allen, a former Wisconsin state prisoner, became …

Several Necessary Components Of Involuntary Servitude

Article • May 15, 2007

Filed under: Criminal Prosecution, Sentencing, Wrongful Imprisonment

Several Necessary Components Of Involuntary Servitude by The U.S. Court of Appeals for the Sixth Circuit held that several factors were necessary to create a state of "involuntary servitude" and that expert testimony had not been shown to be scientifically-recognized. After two mentally retarded men were found laboring on a …

Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled

Article • May 15, 2007

Filed under: Disciplinary Hearings, Malicious Prosecution, Wrongful Imprisonment, False Arrest

Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled by Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled The U.S. Ninth Circuit Court of Appeals, reversing the U.S. District Court, Northern District of California, ruled that the district court erred in holding an arrestee to a heightened …

$7,516.95 Awarded For 89 Days of False Imprisonment

Article • May 15, 2007

Filed under: Civil Procedure, Damages, Wrongful Imprisonment

$7,516.95 Awarded For 89 Days of False Imprisonment by An Ohio state court awarded a former prisoner $7,516.95 in damages for 89 days of false imprisonment. James M. Bay was a prisoner of the Ohio Department of Rehabilitation and Correction (ODRC). His release date was July 26, 1999 but he …

WI DOC Not Entitled to Qualified Immunity for Holding Prisoner Past His Release Date

Article • May 15, 2007

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

WI DOC Not Entitled to Qualified Immunity for Holding Prisoner Past His Release Date by WI DOC Not Entitled to Qualified Immunity for Holding Prisoner Past His Release Date James Allen, a Wisconsin state prisoner, was held 377 days beyond his mandatory release date because he didn't have a Department …

$105,000 Verdict in Michigan Illegal Imprisonment

Article • May 15, 2007

Filed under: Wrongful Imprisonment, Control Units/SHU/Solitary Confinement

$105,000 Verdict in Michigan Illegal Imprisonment by Three to four months after completing their Michigan prison sentences in 1994, Willie Thomas, Jr., Larry Reed, and Edward Grant were picked up and imprisoned in Jackson prison without a hearing. The defendant prison officials believed they had miscalculated the time served by …

Jail Official Gets Immunity for Delaying Prisone'rs Release for One Day

Article • May 15, 2007

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

Jail Official Gets Immunity for Delaying Prisone'rs Release for One Day by Jail Official Gets Immunity for Delaying Prisoner's Release for One Day A county prison official was entitled to qualified immunity for delaying the plaintiff's release for a day based on an alleged warrant from Massachusetts that she had …

12 Day Delay Between Arrest, First Court Appearance Illegal

Article • May 15, 2007

Filed under: Court Appearances, Sentencing, Wrongful Imprisonment, Bail

12 Day Delay Between Arrest, First Court Appearance Illegal by The law is clearly established that a pre-trial detainee cannot be held for 12 days before being brought before a judge or allowed to pay bail. This is another case where the plaintiff was picked up on a warrant, there …

County Liable for Miscalculating Detainees Sentence

Article • May 15, 2007

Filed under: Disciplinary Hearings, Liberty Interests, Damages, State Law Claims, Wrongful Imprisonment, Municipal Liability

County Liable for Miscalculating Detainees Sentence by The plaintiff was denied credit for time served through a record-keeping error arising from the existence of two indictments for the same criminal act. A county policy allegedly prohibited staff from counting days for the same charge under two different court case numbers …

$500,000 Awarded Kansas Citizen For 25 Days False Imprisonment

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, False Arrest

$500,000 Awarded Kansas Citizen For 25 Days False Imprisonment by Alonzo Echols, 48, is not Alonzo Eacholes, despite repeatedly telling officers, jails, and courts this. In February of 2000, Echols was arrested for felony battery on a warrant that should have been for Eacholes. His release took 18 months, though …

$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 …