Search | Wrongly Convicted

Release of DNA Evidence Must Be Brought As Habeas

Article • May 15, 2007

Filed under: Searches, DNA Testing/Samples, Habeas Corpus, Wrongful Imprisonment

Release of DNA Evidence Must Be Brought As Habeas by The plaintiff sued to obtain the release of biological evidence for DNA testing, alleging it would be exculpatory as to his criminal conviction. His suit was, in effect, a challenge to the validity of his criminal conviction that must be …

Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury

Article • May 15, 2007

Filed under: Physical Injury Rule, Civil Procedure, Damages, Jury Instructions, Wrongful Imprisonment, False Arrest

Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury by Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury The plaintiff was involuntarily detained and hospitalized. He prevailed both on his Fourth Amendment claims for unlawful seizure and his state law claims for false …

Restivo v. Nassau County, NY, Amended Complaint, Wrongful Conviction, 2007

Brief • April 23, 2007

Filed under: Prosecutor/Attorney General Misconduct, Wrongful Conviction, Wrongful Imprisonment

for lack of evidence. 114. Mr. Restivo and Mr. Halstead's arrests, indictments, prosecutions, convictions, and almost eighteen years of wrongful imprisonment would not have occurred in the absence ...

California State Prisoner Wins $21,800 for 250 Days Excess Incarceration

Article • April 15, 2007 • from PLN April, 2007

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

California State Prisoner Wins $21,800 for 250 Days Excess Incarceration by On July 5, 2006, a jury awarded $21,800 to a California state prisoner after the California Department of Corrections and Rehabilitation (CDCR) miscalculated his good time/work time credits on his twelve year sentence. Jorge Gallegos, a Mexican national, was …

Maryland Man Awarded $6.4 Million For False Imprisonment, Police Misconduct

Article • March 15, 2007 • from PLN March, 2007

Filed under: Police Misconduct, Searches, DNA Testing/Samples, Wrongful Imprisonment, Municipal Liability, False Arrest

Maryland Man Awarded $6.4 Million For False Imprisonment, Police Misconduct by Michael Rigby On August 30, 2006, a jury in Prince George?s County, Maryland, awarded $6.4 million to a man who was wrongfully imprisoned for the brutal rape and murder of his wife. During trial the jury heard compelling evidence …

Cristini v. Warren, MI, Complaint, Wrongful Conviction, 2007

Brief • March 15, 2007

Filed under: Wrongful Conviction, Wrongful Imprisonment

Cristini v. Warren, MI, Complaint, Wrongful Conviction, 2007 2:07-cv-11141-DML-VMM Doc # 1 Filed 03/15/07 Pg 1 of 44 Pg ID 1 llNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN MICHAEL LOUIS CRISTINI, Plaintiff, vs. THE CITY OF WARREN, 'I'IIE POLICE DEPARTMENT OF THE CITY OF WARREN, 'I'IIE COUNTY OF MACOMB …

District of Columbia Jail Pays $14 Million For Over-Detentions and Strip Searches

Article • October 15, 2006 • from PLN October, 2006

Filed under: Jail Misconduct, Searches, Strip Searches, Arrestee Searches, Databases, Overcrowding, Damages, Settlements, Wrongful Imprisonment

District of Columbia Jail Pays $14 Million For Over-Detentions and Strip Searches by Bob Williams While denying a pattern and practice of over-detentions and strip searches, the District of Columbia (the District) has agreed to pay $12 million to settle a class-action lawsuit plus an additional $2 million in additional …

Corley v Davis, CA, Order re disposal docs after notification of settlement, wrongful imprisonment, 2006

Brief • June 25, 2006

Filed under: Wrongful Imprisonment

Corley v Davis, CA, Order re disposal docs after notification of settlement, wrongful imprisonment, 2006 ase 2:03-cv-01447-LKK-DAD Document 86 Filed 08/25/2006 Page 1 of 2 1 2 3 4 5 6 7 8 ...

Abu Ghraib: Enduring Symbol of Hated Regimes

Article • May 15, 2006 • from PLN May, 2006

Filed under: Political Prisoners, Prison Rebellion, Criminal Prosecution, Prison/Jail Murders, Escapes, Guard Brutality/Beatings, Dogs, Wrongful Imprisonment, Freedom of Information Act, Military, Military Prisons

Abu Ghraib: Enduring Symbol of Hated Regimes by Matthew T. Clarke Abu Ghraib, a 280-acre prison complex located 20 miles west of Baghdad, is a well known symbol to the Iraqi people. Abu Ghraib holds about 3,500 of the approximately 10,500 prisoners held by American forces in Iraq. All prisoners …

Los Angeles County Jail Continues To Over-Incarcerate

Article • May 15, 2006 • from PLN May, 2006

Filed under: Sentencing, Wrongful Imprisonment

Los Angeles County Jail Continues To Over-Incarcerate by John Dannenberg by John E. Dannenberg After paying $27 million (up to $5,000 per plaintiff) to settle class action lawsuits in 1991 for failing to timely release prisoners from county jail (see PLN, Jan. 2003, p.14), Los Angeles (L.A.) County is still …

No Qualified Immunity on Toothpaste, Inhaler & Ventilation Claims

Article • April 15, 2006 • from PLN April, 2006

Filed under: Medication, Dental Care, Ventilation, Hygiene Supplies, Appeals, Wrongful Imprisonment, Immunity/Liability, Qualified Immunity

No Qualified Immunity on Toothpaste, Inhaler & Ventilation Claims by The Seventh Circuit Court Of Appeals upheld a district courts denial of qualified immunity to jail officials on claims of denial of toothpaste, withholding asthma inhaler and inadequate ventilation. In 1984, two Indiana men disappeared. Neither the men nor their …

Dallas Fake Drug Cases Settle For Millions, Jury Awards Damages

Article • March 15, 2006 • from PLN March, 2006

Filed under: Wrongful Conviction, Wrongful Imprisonment, Police, False Arrest

Dallas Fake Drug Cases Settle For Millions, Jury Awards Damages by by Michael Rigby In 2001, police officers in Dallas, Texas, made 33 arrests in what has since become known as the fake drug scandal." The victims were all charged with possessing cocaine, based on supposedly positive field tests of …

New York City Pays $75,000 for 28.5 Days False Imprisonment

Article • March 15, 2006 • from PLN March, 2006

Filed under: Sentencing, Wrongful Imprisonment, Municipal Liability

New York City Pays $75,000 for 28.5 Days False Imprisonment by On September 8, 2005, the City of New York, New York, settled for $75,000 a prisoner's lawsuit alleging 28.5 days false imprisonment. Plaintiff William Perocier, Jr., a 31 year old tow truck driver, was sentenced to six months in …

Wrongfully Imprisoned D.C. Disabled Man Settles Suit For $1.74 Million

Article • March 15, 2006 • from PLN March, 2006

Filed under: Deaf Prisoners, Disabled Prisoners, Sentencing, Wrongful Imprisonment, Failure to Treat (Mental Illness)

Wrongfully Imprisoned D.C. Disabled Man Settles Suit For $1.74 Million by by Michael Rigby The District of Columbia and a private medical provider have agreed to pay $1.74 million to Joseph Heard, a deaf, mute, and mentally disabled man who was wrongfully imprisoned in the D.C. jail for nearly two …

Florida Jury Awards $225,000 in False Arrest/Malicious Prosecution Claim

Article • February 15, 2006 • from PLN February, 2006

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

Florida Jury Awards $225,000 in False Arrest/Malicious Prosecution Claim by A Florida jury has awarded $225,000 in a case against the City of Clearwater and an individual detective on a claim of false arrest, malicious prosecution, and intentional infliction of emotional distress. The Plaintiff claimed he was falsely arrested on …

Texas Jails Troubled by Deaths, Negligence and Failed Inspections

Article • January 15, 2006 • from PLN January, 2006

Filed under: Jail Misconduct, Medical, HIV/AIDS, Medication, Systemic Medical Neglect, Respiratory, Escapes, Databases, Totality of Conditions, Overcrowding, Staffing, Water, Wrongful Imprisonment, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides

Texas Jails Troubled by Deaths, Negligence and Failed Inspections by Gary Hunter For decades Texas jails have been cesspool's of misery, medical neglect, brutality and over crowding. Class action litigation in the 1970's alleviated some of the worst aspects of the Texas jail system and led to modest improvements. By …

New Jersey Parole Officials Pay $50,000 for Delayed Release

Article • January 15, 2006 • from PLN January, 2006

Filed under: Sentencing, Parole, Wrongful Imprisonment

New Jersey Parole Officials Pay $50,000 for Delayed Release by On February 3, 2005, a New Jersey man settled his federal lawsuit against state parole officialswhom he claimed were responsible for his remaining in prison 11 months beyond his approved parole datefor $50,000. Vincent Pannone was imprisoned on May 7, …

No Qualified Immunity from 57-Day Illegal Confinement

Article • December 15, 2005 • from PLN December, 2005

Filed under: Sentencing, Wrongful Imprisonment, Qualified Immunity, Municipal Liability

No Qualified Immunity from 57-Day Illegal Confinement by The Eighth Circuit Court of Appeals held that several prison officials were not entitled to qualified immunity for their roles in confining a prisoner 57 days beyond his ordered release. In December, 1977, Daryl Davis was convicted of theft under Missouri law. …

Maryland Prisons MisCalculate Half of All Prisoner Release Dates

Article • November 15, 2005 • from PLN November, 2005

Filed under: DOC/BOP misconduct, Prison Labor, Sentencing, Good Time, Wrongful Imprisonment

Maryland Prisons MisCalculate Half of All Prisoner Release Dates by by David M. Reutter Up to one half of all Maryland prisoners early release dates at two prisons were erroneous, concluded a report by the Maryland Office of Legislative Audits. The report declined to identify the two prisons it audited, …

$97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit

Article • November 15, 2005 • from PLN November, 2005

Filed under: Attorney Fee Awards, Damages, Sentencing, Wrongful Imprisonment, Supervisory Liability, Municipal Liability

$97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit by The Eighth Circuit Court of Appeals has affirmed a judgment awarding compensatory damages of $50,000 in a civil rights suit filed by James M. Hayes, alleging his 38-day pre-appearance detention violated his right to due process. The Court …