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Nine Month Delay in Bringing Mississippi Detainee Before Court Defeats Qualified Immunity

Article • May 15, 2007

Filed under: Prompt Hearings, Sentencing, Wrongful Imprisonment, Qualified Immunity

Nine Month Delay in Bringing Mississippi Detainee Before Court Defeats Qualified Immunity by The Fifth Circuit Court of Appeals held jail officials at Mississippi's Hinds County Jail were not entitled to qualified immunity for failing to take a pretrial detainee before a court for nine months. The detainee was arrested …

Miscalculation of Sentence Defeats Summary Judgment

Article • May 15, 2007

Filed under: Sentencing, Good Time, Wrongful Imprisonment, Qualified Immunity

Miscalculation of Sentence Defeats Summary Judgment by A Florida Federal District Court held that prison officials may be held liable for miscalculating a prisoner's release date and causing him to be detained beyond his sentence expiration. Former prisoner James S. McCurry brought suit under 42 U.S.C. section 1983 seeking monetary …

Slow, Incompetent Investigation Causing Over Detention Not Deliberate Indifference

Article • May 15, 2007

Filed under: Prompt Hearings, Sentencing, Parole, Wrongful Imprisonment

Slow, Incompetent Investigation Causing Over Detention Not Deliberate Indifference by The Third Circuit Court of Appeals held a parole board' s misinterpretation of a sentencing court's order and a slow investigation into the order's meaning did not exhibit deliberate indifference. The plaintiff, a former prisoner of the Philadelphia County Prison, …

Georgia Man Falsely Arrested by Bond Agent Awarded $5,172

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, False Arrest

Georgia Man Falsely Arrested by Bond Agent Awarded $5,172 by On December 3, 2002, a man jailed after being mistakenly identified by a bond agent was awarded $5,172 in damages by a superior court in Fulton County, Georgia. Plaintiff Charles Leeks was arrested at his place of employment by an …

Georgia Sheriff Sues Over Using Prisoner Labor

Article • May 15, 2007

Filed under: Police Misconduct, Work, Prison Labor, Malicious Prosecution, Wrongful Imprisonment, False Arrest, Property

Georgia Sheriff Sues Over Using Prisoner Labor by A Georgia federal district court has found that the defendants in a 42 U.S.C. § 1983 action alleging claims of (1) bad faith prosecution; (2) arrest without probable cause; (3) deprivation of liberty without due process; (4) unlawful search and seizure of …

Washington Prisoner Awarded $125 for Failure to Timely Respond to Public Records Request

Article • May 15, 2007

Filed under: Disclosure of Records, Sentencing, Good Time, Wrongful Imprisonment

Washington Prisoner Awarded $125 for Failure to Timely Respond to Public Records Request by Washington Prisoner Awarded $125 for Failure to Timely Respond to Public Records Request A Thurston County, Superior Court in Washington State awarded Airway Heights Correction Center prisoner Derek E. Grunquist $125 for a 114 business day …

$8.2 Million Awarded for Florida Malicious Prosecution

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, False Arrest

$8.2 Million Awarded for Florida Malicious Prosecution by A Florida federal jury awarded a former employee of Brinks, Inc. $8,261,050 for malicious prosecution by Brinks' failure to provide complete information and withholding important evidence from the police regarding a theft. In 1996, while plaintiff was an employee of Brinks, $350,000 …

$2,500 Awarded in Pennsylvania False Arrest Claim

Article • May 15, 2007

Filed under: GEO Group/Wackenhut, Wrongful Imprisonment, Police, False Arrest, Arrest Warrants

$2,500 Awarded in Pennsylvania False Arrest Claim by The plaintiff in this case alleged that Wackenhut Corrections Corporation falsely imprisoned him due to mistaken identity, and failed to immediately release him when it was informed of the mistake by a parole officer. Plaintiff was stopped for a traffic violation in …

Holding Prisoner Past Release Date Violates Due Process

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment

Holding Prisoner Past Release Date Violates Due Process by California Prisoner's Imprisonment Past Release Date Violates Due Process The Ninth Circuit held that a § 1983 suit filed by a former prisoner was the appropriate venue for Eighth Amendment and due process claims. Frank Haygood brought a civil rights action …

County Prosecutors Acting Outside Their Authority Lose Absolute Immunity

Article • May 15, 2007

Filed under: Wrongful Imprisonment, Immunity/Liability, Prosecutorial Immunity, False Arrest

County Prosecutors Acting Outside Their Authority Lose Absolute Immunity by In this somewhat confusing opinion, the U.S. Ninth Circuit Court of Appeals held that county prosecutors, defendants in a civil, rights lawsuit brought by two men who were falsely arrested, were not entitled to absolute immunity on numerous claims, including …

$5,000 Paid in Wrongful WA Probation Warrant and Arrest

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, Probation, False Arrest

$5,000 Paid in Wrongful WA Probation Warrant and Arrest by Rosalie Hanstad was pulled over by a Washington State trooper for speeding and was subsequently arrested on a probation warrant. She filed suit under 42 U.S.C. § 1983 in state court and a tort complaint for intentional and emotional distress …

$27,000 For Washington Prisoner's 2 1/2 Years Of Unlawful Imprisonment

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment

$27,000 For Washington Prisoner's 2 1/2 Years Of Unlawful Imprisonment by Raymond Stokes' early release date was calculated as July 28, 1998. However, due to his status as a disabled person, DOC officials at the Clallam Bay Corrections Center, in Clallam Bay, Washington, refused to credit Mr. Stokes with the …

$35,000 For 14 Months Of Unlawful Imprisonment

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment

$35,000 For 14 Months Of Unlawful Imprisonment by In February 1993, Jaramie Womack committed a burglary in Wyoming. In July of that same year, Mr. Womack committed a robbery in Washington. He was sentenced to 3 to 6 years for the Wyoming offense and was extradited to Washington, where he …

$2,000 For Erroneous Washington Parole Drug Test Result

Article • May 15, 2007

Filed under: Searches, Drug Testing, Wrongful Imprisonment, Parole Conditions

$2,000 For Erroneous Washington Parole Drug Test Result by On May 1, 1995, John Lizee was arrested for a community supervision violation by his community corrections officer and confined at the Airway Heights Corrections Center, in Spokane, Washington, until May 4, 1995. Mr. Lizee's arrest and confinement was based on …

$50,000 For 8 Months Of Unlawful Imprisonment by Washington DOC

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment

$50,000 For 8 Months Of Unlawful Imprisonment by Washington DOC by On August 5, 1981, Joel Perry was sentenced to concurrent terms of 5 and 10 years in prison for various felonies. These terms of confinement were suspended, and Mr. Perry was placed on probation. Mr. Perry's suspended sentence was …

$1,500 For Illegally Extending Term of Community Supervision

Article • May 15, 2007

Filed under: Sentencing, Parole, Wrongful Imprisonment

$1,500 For Illegally Extending Term of Community Supervision by On May 8, 1992, Raymond Mullins was sentenced to one year of community placement for a felony conviction and to one year of probation for a misdemeanor conviction. These sentences were imposed concurrently. On July 30, 1992, Mr. Mullins' probation was …

$7,000 For 20 Days Of Unlawful Imprisonment

Article • May 15, 2007

Filed under: Sentencing, Parole, Wrongful Imprisonment

$7,000 For 20 Days Of Unlawful Imprisonment by Robert Bergen was serving a ten-year prison sentence for assault and indecent liberties. His good time release date was scheduled as February 18, 1981. Five months prior to this date, Mr. Bergen received a prison disciplinary infraction. He was found not guilty …

Illinois Man Awarded $750,000 for 15 Days Wrongful Imprisonment

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, False Arrest

Illinois Man Awarded $750,000 for 15 Days Wrongful Imprisonment by On November 25, 2003, a federal jury in Chicago, Illinois, awarded $750,000 to a man who was wrongfully imprisoned for 15 ...

CA Officials Immune from False Arrest Suits

Article • May 15, 2007

Filed under: Res Judicata, Sentencing, Parole, Wrongful Imprisonment, Sovereign Immunity, False Arrest

CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …

Restrained Juvenile Prisoner Settles Injury Claim For $1,000

Article • May 15, 2007

Filed under: Restraints, Wrongful Imprisonment, Juveniles

Restrained Juvenile Prisoner Settles Injury Claim For $1,000 by After filing suit in August 1997, a juvenile female prisoner who suffered emotional distress and facial bruising while being forcibly restrained by personnel at the Marygrove Residential Treatment Facility settled her claim for $1,000. The girl had alleged in her suit, …