Search | Wrongly Convicted

Jail Over Detention From Lack of Release Policy Actionable Under Section 1983

Article • December 15, 2002 • from PLN December, 2002

Filed under: Sentencing, Wrongful Imprisonment

Jail Over Detention From Lack of Release Policy Actionable Under Section 1983 by An Indiana county jail's lack of policy for the eventual release of detainees arrested pursuant to a Body Attachment raised sufficient facts to defeat the sheriff's motion for summary judgment, thus allowing an overdetained prisoner's civil rights …

Stucker v. County of Sacramento, CA, Claim, Wrongful Imprisonment, 2002

Brief • July 22, 2002

Filed under: Wrongful Imprisonment

Stucker v. County of Sacramento, CA, Claim, Wrongful Imprisonment, 2002 ..- Please file in person, or mail to· r~ Board of Supervi$ol'$, 700 H Street, ,-,...._ _~. . '-" Keep one (1) copy for your ...

Illinois Man Awarded $15 Million for 15 Years of Wrongful Imprisonment

Article • July 15, 2002 • from PLN July, 2002

Filed under: Police Misconduct, Sentencing, Wrongful Imprisonment

Illinois Man Awarded $15 Million for 15 Years of Wrongful Imprisonment by On October 29, 2001, a federal jury in Chicago awarded $15 million plus about $2 million in attorney fees ...

California Jury Awards $1 Million in Jail Rape

Article • June 15, 2002 • from PLN June, 2002

Filed under: Sexual Assault, Prisoner-Prisoner Assault, Wrongful Imprisonment

California Jury Awards $1 Million in Jail Rape by On November 20, 2001, a Los Angeles county jury returned a $1 million verdict to 39 year-old Jay Reynolds, a former jail detainee who was raped by his cellmates after a judge ordered his release from jail. Reynolds was arrested in …

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 …

Mistakenly Released Prisoners Have No Due Process Rights

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

Filed under: Liberty Interests, Sentencing, Good Time, Wrongful Imprisonment, Wrongful Release, Qualified Immunity

Mistakenly Released Prisoners Have No Due Process Rights by The Court of Appeals for the Fourth Circuit has held that prisoners who were released on mandatory supervision then arrested as escaped prisoners and reincarcerated without a hearing had no right to due process. Vincent Henderson, Daryelle Rexrode, and John Calella, …

$147,000 Paid for 3-1/2 Hour Overdetention and Strip Search of Mistaken Arrestee

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

Filed under: Searches, Strip Searches, Arrestee Searches, Attorney Fee Awards, Damages, Wrongful Imprisonment, Municipal Liability

$147,000 Paid for 3-1/2 Hour Overdetention and Strip Search of Mistaken Arrestee by John E Dannenberg The Eighth Circuit Court of Appeals upheld a jury verdict of $100,000 against the Little Rock, Arkansas police when, after a judge ordered the release of a mistakenly arrested woman, they failed to promptly …

Defendants Denied Summary Judgment in Wrongful Incarceration Suit

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

Filed under: Sentencing, Wrongful Imprisonment, Qualified Immunity

denied summary judgment and the qualified immunity defense to defendants at the Allen County (Indiana) Jail in a case involving wrongful imprisonment. Shakidi Johnson was arrested on contempt of court ...

$3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York

Article • February 15, 2002 • from PLN February, 2002

Filed under: Prisoner-Prisoner Assault, Escapes, Civil Procedure, Damages, Complaints, Venue, Wrongful Imprisonment, Americans with Disabilities Act, Failure to Treat (Mental Illness), Family Law

$3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York by John E Dannenberg A mentally incapacitated misdemeanant detainee at the Los Angeles County, California, jail was unlawfully extradited to New York, where he was imprisoned for two years in the Green Haven Correctional …

Section 1983 Civil Rights Claims Not Barred by Kansas Tort Remedies

Article • February 15, 2002 • from PLN February, 2002

Filed under: Limitations, Sentencing, Ex Post Facto, Good Time, Wrongful Imprisonment

Section 1983 Civil Rights Claims Not Barred by Kansas Tort Remedies by The Kansas Court of Appeals held that the existence of adequate state tort remedies did not bar claims under 42 U.S.C. § 1983, and that the limitation period for § 1983 claims is two years. Kansas prisoner James …

Los Angeles Sheriff's Over-Detention Policy Renders County Liable Under 42 U.S.C. Section 1983

Article • February 15, 2002 • from PLN February, 2002

Filed under: Conditions of Confinement, Jail Specific, Wrongful Imprisonment, Eleventh Amendment Immunity, Municipal Liability

Los Angeles Sheriff's Over-Detention Policy Renders County Liable Under 42 U.S.C. Section 1983 by John E Dannenberg The Ninth Circuit U.S. Court of Appeals held that Los Angeles County Jail prisoners who were kept beyond their release dates for the purpose of awaiting the completion of records searches for any …

'Invisible' Prisoner Gets $36,200 for Wrongful Imprisonment

Article • September 15, 2001 • from PLN September, 2001

Filed under: Sentencing, Wrongful Imprisonment

'Invisible' Prisoner Gets $36,200 for Wrongful Imprisonment by A Mississippi man who was improperly jailed for nearly 10 months because of a "bureaucratic snafu" was awarded just $36,200 ...

Unlawful Imprisonment Nets Ohio Man $25,000

Article • June 15, 2001 • from PLN June, 2001

Filed under: Sentencing, Wrongful Imprisonment

Unlawful Imprisonment Nets Ohio Man $25,000 by In late 2000 ex-Ohio state prisoner Ricky Carter, 44, agreed to accept a $25,000 award to compensate him for being incarcerated over 13 months past his release date. Carter, who was due to be released March 15, 1998, was instead illegally held until …

$49,999 Settlement in CA Sex Extortion Suit

Article • February 15, 2001 • from PLN February, 2001

Filed under: Police Misconduct, Sentencing, Wrongful Imprisonment

$49,999 Settlement in CA Sex Extortion Suit by On February 1, 2000, San Bernadino County, California settled a lawsuit with Jeffrey Darr for $49,999. Darr filed suit claiming that county sheriff deputy James Wiebeld (now promoted to detective) had framed him on methamphetamine manufacturing charges, for which he spent three …

$5,500 Awarded in NY Unlawful Imprisonment Suit

Article • February 15, 2001 • from PLN February, 2001

Filed under: Civil Procedure, Damages, Parole, Wrongful Imprisonment

$5,500 Awarded in NY Unlawful Imprisonment Suit by On May 4, 2000, the New York court of Claims awarded Allen Israel $5,600 in damages after New York parole officials wrongfully violated his parole. Israel had a maximum parole expiration date of April 12, 1996. His parole was later revoked due …

$3,000 Awarded in Wrongful Release Suit

Article • April 15, 2000 • from PLN April, 2000

Filed under: Civil Procedure, Damages, Wrongful Imprisonment

$3,000 Awarded in Wrongful Release Suit by On October 29, 1999, the New York court of claims awarded. $3,000 in damages to Frank Nicchio. Nicchio was a New York state prisoner who was wrongly held 30 days past his release date from prison. Nicchio was granted summary judgment on the …

$105,000 Awarded in Michigan Wrongful Imprisonment Suit

Article • April 15, 2000 • from PLN April, 2000

Filed under: Sentencing, Good Time, Wrongful Imprisonment

$105,000 Awarded in Michigan Wrongful Imprisonment Suit by On April 14, 1999, a Wayne county jury in Michigan awarded Willie Thomas Jr., Larry Reid and Edward Grant $35,000 in damages each ...

BOP Can't Keep Prisoner Who Refuses to Pay Fine Indefinitely

Article • January 15, 2000 • from PLN January, 2000

Filed under: Sentencing, Parole, Habeas Corpus, Wrongful Imprisonment, Seizure of Prisoner Funds, Restitution

BOP Can't Keep Prisoner Who Refuses to Pay Fine Indefinitely by A federal district court judge in Virginia held that a prisoner's refusal to sign an agreement to pay a court ordered fine does not allow the Bureau of Prisons (BOP) to keep him imprisoned indefinitely. This ruling amply illustrates …

CSC Cancels Florida Juvenile Facility Contract

Article • December 15, 1999 • from PLN December, 1999

Filed under: Esmor/CSC, Contractor Misconduct, Conditions of Confinement, Totality of Conditions, Guard Brutality/Beatings, Education, Disclosure of Records, Wrongful Imprisonment

CSC Cancels Florida Juvenile Facility Contract by Correctional Services Corp. (CSC) announced Aug. 23, 1999 that it was withdrawing from an $8.7 million-a-year contract to operate the Pahokee Youth Development Center, a 350 bed Florida juvenile facility, 8 months before the contract is due to expire. The announcement came six …

Probable Cause Hearing Delay Actionable

Article • November 15, 1999 • from PLN November, 1999

Filed under: Sentencing, Wrongful Imprisonment, Municipal Liability

Probable Cause Hearing Delay Actionable by Ronald Young The court of appeals for the Seventh circuit held that the fact issue as to whether an arrestee's detention without a probable cause hearing resulted from the sheriff's deliberate decision not to monitor detainees brought to jail by outside agencies precluded summary …