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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 …

$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 …

WA Prisoners Have Liberty Interest in Release

Article • May 15, 2007

Filed under: Liberty Interests, Sentencing, Good Time, Wrongful Imprisonment

WA Prisoners Have Liberty Interest in Release by The court of appeals for the Ninth circuit held that a Washington state prisoner had a due process liberty interest in being released from prison on his good time release date. The plaintiff in this section 1983 case was held 20 days …

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 …

$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 …

Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans

Article • May 15, 2005 • from PLN May, 2005

Filed under: Sentencing, Good Time, Parole, Wrongful Imprisonment, Sex Offender Treatment, Civil Commitment

Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans by Hank Balson Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans by Hank Balson The Washington Court of Appeals ruled in May that the state's Department of Corrections (DOC) has …

Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity

Article • January 15, 2005 • from PLN January, 2005

Filed under: Summary Judgment, Sentencing, Wrongful Imprisonment, Municipal Liability

Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity by The Washington State Supreme Court has held jail personnel have a duty to take steps to promptly release a detainee once they know or should know, based on information provided to them that the person they are holding …

$13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners

Article • May 15, 2004 • from PLN May, 2004

Filed under: Conditions of Confinement, Failure to Protect (General), Wrongful Imprisonment

$13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners by The Washington state Division of Risk Management (DRM) paid claims totaling $13,000 to two state prisoners who were illegally arrested and incarcerated by the Washington Department of Corrections. Michael Buffington had been sentenced in King County Superior Court to …

Washington Police Scientists' Work Under Scrutiny

Article • February 15, 2003 • from PLN February, 2003

Filed under: Police Misconduct, Crime, Sentencing, Wrongful Imprisonment

Washington Police Scientists' Work Under Scrutiny by Innocence Project Northwest (IPNW) is undertaking a review of cases in which Washington State Patrol scientists Arnold Melnikoff and Michael Hoover conducted forensic testing or offered expert testimony. It was recently revealed that Melnikoff engaged in scientific fraud during his tenure as the …

D.C. Wrongly Jails Mentally Ill Man for Two Years

Article • April 15, 2002 • from PLN April, 2002

Filed under: Wrongful Imprisonment, Mental Health

D.C. Wrongly Jails Mentally Ill Man for Two Years by D.C. Wrongly Jails Mentally Ill Man For Two Years Joseph Heard, 42, was released from the Washington D.C. jail on August 13, 2001. He served nearly 2 years in solitary confinement in the jail's mental health unit. The problem is …

Cases of Interest From the U.S. Supreme Court's 1997-98 Term

Article • September 15, 1998 • from PLN September, 1998

Filed under: Prosecutor/Attorney General Misconduct, Damages, Settlements, Parole, Habeas Corpus, Wrongful Imprisonment, Forfeiture, Immunity/Liability, Prosecutorial Immunity

Cases of Interest From the U.S. Supreme Court's 1997-98 Term by Forfeitures: In a federal criminal case the supreme court held that the Excessive Fines clause of the Eighth amendment prohibits "grossly disproportionate" forfeitures of funds. The court held that forfeitures are "fines'' if they are punishment for a crime. …