On November 2, 2001 two Michigan men who were wrongfully imprisoned for
eight years before their convictions were overturned reached a $2.75
million partial settlement with the prosecuting county.
Plaintiffs Mark Canter, 37, and Walter Moore, 50, were charged in Otsego
County, Michigan with the 1986 murder of an oil field worker. With no
physical evidence, the plaintiffs were convicted primarily on the
testimony of a single witness and sentenced to life in prison.
In 1994, during a hearing for a retrial, the witness was charged with
seven counts of perjury. The plaintiffs were later acquitted.
Canter and Moore subsequently filed a federal lawsuit against Otsego
County and five state police officers seeking damages for the eight years
they spent wrongfully imprisoned. Plaintiffs specifically alleged false
arrest and imprisonment, malicious prosecution, conspiracy, and denial of
due process and a fair trial.
The County defended by claiming it was immune, the prosecutor had
conducted a fair investigation, and the County had done nothing wrong.
The $2.75 million settlement with the county was only a partial settlement
because, as of the settlement date, the claims against the five police
officers were still pending. Plaintiffs were represented by Ray J. MacNeil
Gaylord, Michigan. See: Canter v. Otsego County, USDC D MI, Case No. 97-
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Related legal case
Canter v. Otsego County
|Cite||USDC D MI, Case No. 97-cv76290-DT|