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$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 …

Lives (and Votes) Lost

Article • October 15, 2005

Filed under: Organizing, Voting, Wrongful Conviction, Wrongful Imprisonment

Lives (and Votes) Lost by Elizabeth Weill-Greenberg From City Belt (www.citybelt.org) Lives (and Votes) Lost Prisoners, parolees and probationers cannot vote in New Jersey -- but for one former prisoner who was wrongfully convicted and can, it's the last thing on his mind. By Elizabeth Weill-Greenberg Nothing ties Larry Peterson …

Hawaii Settles Class Action Wrongful Imprisonment Suit for $1.2 Million

Article • September 15, 2005 • from PLN September, 2005

Filed under: Damages, Sentencing, Wrongful Imprisonment

Hawaii Settles Class Action Wrongful Imprisonment Suit for $1.2 Million by Michael Rigby The state of Hawaii has agreed to pay $1.2 million to settle a class action federal lawsuit involving ...

Louisiana Prison Writer Free After 44 Years

Article • August 15, 2005 • from PLN August, 2005

Filed under: Crime/Demographics, Criminal Prosecution, Wrongful Conviction, Wrongful Imprisonment, Death Penalty, Prisoner Media

Louisiana Prison Writer Free After 44 Years by Michael Rigby Award-winning prison journalist and civil rights figure Wilbert Rideau, once described as “the most rehabilitated prisoner in America,” is free after spending more than four decades behind bars. Ironically, Rideau’s freedom came not from being exonerated, but from being found …

$1 Million L.A. County Jail Rape Award Overturned

Article • August 15, 2005 • from PLN August, 2005

Filed under: Sexual Assault, Prisoner-Prisoner Assault, Failure to Protect (General), Attorney Fee Awards, Damages, Wrongful Imprisonment, Municipal Liability

$1 Million L.A. County Jail Rape Award Overturned by by Marvin Mentor The California Court of Appeal, in an unpublished opinion, reversed a Los Angeles (L.A.) County jury verdict that had awarded $1 million in damages to a jail detainee who was brutally beaten and raped in his L. A. …

Los Angeles County Settles Parolee's Overdetention Suit For $80,000

Article • August 15, 2005 • from PLN August, 2005

Filed under: Sentencing, Parole, Wrongful Imprisonment

Los Angeles County Settles Parolee's Overdetention Suit For $80,000 by Los Angeles County paid $80,000 to settle a California parolee's overdetention suit that alleged failure to process release information for one week. On June 4, 2001, William Green was arrested by his parole agent on a violation for failing to …

Ohio Awards $1,402.92 Award For 11 Days False Imprisonment

Article • June 15, 2005 • from PLN June, 2005

Filed under: Damages, Sentencing, Wrongful Imprisonment

Ohio Awards $1,402.92 Award For 11 Days False Imprisonment by by Michael Rigby An Ohio prisoner should be awarded $1,402.92 for 11 days of false imprisonment, a magistrate recommended to the Ohio Court of Claims on October 21, 2004. On September 14, 1999, plaintiff Glen Wilson was sentenced to two …

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 …

Corley v Davis, CA, Complaint, wrongful imprisonment, 2005

Brief • April 20, 2005

Filed under: Wrongful Imprisonment

Corley v Davis, CA, Complaint, wrongful imprisonment, 2005 Case 2:03-cv-01447-LKK-DAD Document 51 Filed 04/20/2005 Page 1 of 19 ERIC GRANT (Bar No. 151064) Attorney at Law 2 800 I Folsom ...

Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration

Article • April 15, 2005 • from PLN April, 2005

Filed under: Out of State Transfers, Misconduct/Corruption, DOC/BOP misconduct, Summary Judgment, Damages, Good Time, Wrongful Imprisonment

Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration by By Robert H. Woodman The Tenth District Court of Appeals of Ohio upheld a $7,820 damages award by the Ohio Court of Claims to Alton M. Stroud, a prisoner of the Ohio Department of Rehabilitation and Correction (DORC). …

Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing

Article • April 15, 2005 • from PLN April, 2005

Filed under: Appointment of Counsel, Sentencing, Parole, Wrongful Imprisonment

Heck Doesn't Apply to Parole Revocation Incarceration Without Attorney or Hearing by The Tenth Circuit court of appeals has held that a prisoner who claims he was denied an attorney or court hearing for 73 days while awaiting extradition for parole revocation need not show that the revocation had been …

Rhode Island Prisoner Awarded $3,900 for False Imprisonment

Article • April 15, 2005 • from PLN April, 2005

Filed under: Classification, Out of State Transfers, Damages, Wrongful Imprisonment, Probation, Detainers

Rhode Island Prisoner Awarded $3,900 for False Imprisonment by A Rhode Island jury awarded a prisoner $3,900 for false imprisonment on April 21, 2004. In August 1994, William Ross was incarcerated and held by the Rhode Island Department of Corrections (RIDOC) on a minor larceny charge. During his incarceration, the …

Summary Judgment Reversed In Los Angeles Jail Over-Detention Suit

Article • March 15, 2005 • from PLN March, 2005

Filed under: Sentencing, Wrongful Imprisonment

Summary Judgment Reversed In Los Angeles Jail Over-Detention Suit by In a suit for damages against Los Angeles County Sheriff Leroy Baca for over detention of jail prisoners court-ordered for release, the Ninth Circuit U.S. Court of Appeals held that summary judgment for Baca was not available where the facts …

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 …

FTCA Claims for Sentence Miscalculation Accrues Upon Reversal; Statute of Limitations Tolled

Article • September 15, 2004 • from PLN September, 2004

Filed under: Civil Procedure, Limitations, Parole, Habeas Corpus, Wrongful Imprisonment, Federal Tort Claims Act

FTCA Claims for Sentence Miscalculation Accrues Upon Reversal; Statute of Limitations Tolled by The Ninth Circuit Court of Appeals has held that a civil action under the Federal Tort Claims Act (FICA) for negligently calculating a federal prisoner's release date, or otherwise wrongfully imprisoning the prisoner, does not accrue until …

No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times

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

Filed under: Sex Offenders (Discrimination), Reviews, Crime, Victims, Sentencing, Wrongful Imprisonment

No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times by Robert Woodman by Dorothy Rabinowitz. 2003. Free Press, ISBN: 0-7432-2834-0 Review by Robert Woodman "There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice." These words, …

PLRA Physical Injury Rule Applied to Non-Prison Case

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

Filed under: PLRA, Physical Injury Rule, Damages, Limitations, Wrongful Imprisonment

PLRA Physical Injury Rule Applied to Non-Prison Case by PLRA Physical Injury Rule Applied to Non-Prison Case The Eleventh Circuit Court of Appeals has held that the Prison Litigation Reform Act (PLRA) applies to lawsuits that claim injuries suffered during custodial episodes, even if such custody occurred outside prison walls. …

$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 …

§ 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot

Article • April 15, 2004 • from PLN April, 2004

Filed under: Disciplinary Hearings, Disciplinary Litigation, Habeas Corpus, Wrongful Imprisonment

§ 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot by John E Dannenberg § 1983 Disciplinary Challenge Available To Parolee Because Habeas Would Be Moot by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that a prisoner suing under 42 U.S.C. § 1983 for …

County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer

Article • January 15, 2004 • from PLN January, 2004

Filed under: Sentencing, Wrongful Imprisonment, Eleventh Amendment Immunity, Municipal Liability

County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer by The Eleventh Circuit Court of Appeals held that Georgia Sheriffs are a county policymaker regarding their duties in the maintenence and recall of criminal warrants thus making the county liable in a § 1983 action for the Sheriff's …