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IN Woman Settles Wrongful Arrest Lawsuit
Article • August 7, 2017
Filed under: Wrongful Imprisonment
IN Woman Settles Wrongful Arrest Lawsuit by Joe Watson by Joe Watson Anna Michelle Young, who was wrongfully arrested and incarcerated two days after Christmas in 2003 in Hancock County, Ind., agreed to settle her suit against Sheriff Nicholas Gulling, et al, in August 2008 for unspecified damages. The Hancock …
7th Circuit Affirms Finding of No Deliberate Indifference in 1983 Case
Article • April 15, 2013
Filed under: Medication, Sentencing, Wrongful Imprisonment
7th Circuit Affirms Finding of No Deliberate Indifference in 1983 Case by Derek Gilna Shane Holloway was arrested without a warrant in 2009 and confined to the Delaware County Jail, where he was denied his pre-detention medication, and was prescribed non-narcotic pain medication by prison medical staff instead. Holloway was …
Are Debtors’ Prisons Making a Comeback in Indiana?
Article • May 15, 2010 • from PLN May, 2010
Filed under: Sentencing, Wrongful Imprisonment, Restitution
Are Debtors’ Prisons Making a Comeback in Indiana? by Justin Miller Concerns are growing that small claims courts in Indiana may be taking actions that amount to the return of debtors’ prisons, sparking national debate on the issue. This has occurred despite objections from the state’s Court of Appeals as …
Benkahla v. Federal Bureau of Prisons, IN, Proposed Amended Complaint, Wrongful CMU Confinement, 2009
Brief • June 18, 2009
Filed under: Conditions of Confinement, Complaints, Sentencing, Wrongful Imprisonment
Benkahla v. Federal Bureau of Prisons, IN, Proposed Amended Complaint, Wrongful CMU Confinement, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION ) ) ) Plaintiff, ) ) v. ) ) Federal Bureau of Prisons; ) Eric H. Holder, Attorney General of the ) United States; Harley …
Holding Prisoner 57 Days Without Judicial Appearance Unconstitutional
Article • August 15, 2008
Filed under: Court Access, Court Appearances, Wrongful Imprisonment
Holding Prisoner 57 Days Without Judicial Appearance Unconstitutional by The plaintiff turned himself in at the county jail after he learned that a warrant had been issued because he missed a court appearance concerning child support arrearages. The sheriff's office misfiled his records and kept him for 57 days despite …
No Absolute Immunity for Parole Officials
Article • May 15, 2007
Filed under: Parole Board Misconduct, Parole, Wrongful Imprisonment, Probation, Immunity/Liability, Qualified Immunity, Judicial Immunity
No Absolute Immunity for Parole Officials by The Seventh Circuit Court of Appeals reversed a lower court's dismissal of a suit against several parole officials, finding they were not entitled to absolute immunity. In 1990, Lance Dawson was convicted of Indiana criminal charges and placed on probation for 3 years, …
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 …
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 ...
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 …
Illegal Detention Violates Substantive Due Process
Article • April 15, 1999 • from PLN April, 1999
Filed under: Civil Procedure, State Law Claims, Wrongful Imprisonment, Qualified Immunity, Supervisory Liability, Municipal Liability
Illegal Detention Violates Substantive Due Process by The court of appeals for the Seventh Circuit held that the detention of an individual for 57 days in a county jail on a civil contempt warrant "shocks the conscience" and violates substantive due process. The court further held that this right was …