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Wrongful Arrest Claim Supports Municipal Liability

Article • May 15, 2007

Filed under: Sentencing, Wrongful Imprisonment, Municipal Liability, False Arrest, Arrest Warrants

Wrongful Arrest Claim Supports Municipal Liability by The plaintiff alleged that he was arrested without probable cause and subjected to excessive force by the police. He was held for 12 days, despite his protestations that the warrant on which he was held was for his twin brother. After he was …

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 …

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 …

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 …

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 ...

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 …

$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 …

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 ...

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 …

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 …

§ 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 …

Los Angeles County Settles Overdetention Suits for $27 Million

Article • January 15, 2003 • from PLN January, 2003

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

Los Angeles County Settles Overdetention Suits for $27 Million by John E Dannenberg by John E. Dannenberg In the largest legal settlement in its history, the Los Angeles County Board of Supervisors agreed in May, 2002 to pay $27 million to compensate 400,000 former jail prisoners who had been held …

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 ...

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 …

$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 …

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 …

$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 …

Spencer Applied to Parolee's § 1983 Claim

Article • February 15, 1999 • from PLN February, 1999

Filed under: Disciplinary Litigation, Searches, Parole/Probation Searches, Parole, Wrongful Imprisonment

Spencer Applied to Parolee's § 1983 Claim by Spencer Applied to Parolee's § 1983 Claim Afederal district court in California held that a state parolee could file suit under 42 U.S.C. § 1983 challenging his parole revocation and an illegal parole search without first having a favorable ruling on these …

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. …