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Washington Pays $46,500 for 246 Day Wrongful Imprisonment

The State of Washington paid a former prisoner $46,500.00 to settle a tort claim, alleging 246 days of wrongful imprisonment.

Rand Kelson pleaded guilty to assault and was sentenced to 84 months in a Washington prison. The sentence should have begun on November 1, 2001, with a maximum release date of October 30, 2008. Kelson earned 792 days of good time, resulting in an earned early release date of August 30, 2006.

Washington prison officials initially refused to credit Kelson with 281 days of credit for time served on a concurrent Idaho sentence. As a result, Kelson was not released from his Washington sentence until May 3, 2007.

A Washington court later agreed that Kelson was entitled to credit for time served on the Idaho sentence. On June 22, 2007, Kelson filed a tort claim seeking $1,000 per day for 246 days of lost liberty, and $23,357.00 in lost wages, for a total of $269,347.00. On September 12, 2007, however, Kelson agreed to accept $46,500.00 to settle his claim. He was represented by William O. Guffey of Spokane, Washington.

Source: In re Kelson, Tort Claim & Release.

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Related legal case

In re Kelson