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Padilla v. Yoo: Obama administration backs appeal of Bush torture memo author by John Burton By John Burton 12 December 2009 Obama administration lawyers under the direction of Attorney General Eric Holder are once again supporting the dismissal of a civil case brought by a victim of illegal detention and …
Gell v. Town of Aulander, NC, Settlement, Malicious Prosecution Wrongful Conviction, 2009 IN THE UNITED STATES DISTRICT COURT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA CAROLINA DIVISION NORTHERN DIVISION 2:05-CV-21-FL(1) CASE NO.: 2:05-CV-21-FL(1) JAMES ALAN GELL, Plaintiff, v. ) ) ) ) ) TOWN OF AULANDER, AULANDER ) POLICE …
Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling by Matthew Clarke by Matt Clarke On December 19, 2008, the Fifth Circuit Court of Appeals upheld a federal jury award of $14 million in a case involving the wrongful conviction …
Oregon Prosecutes Teen to Avoid Liability; Bizarre 2 1/2 Year Legal Battle Ends by Mark Wilson Oregon Prosecutes Teen to Avoid Liability; Bizarre 2 ½ Year Legal Battle Ends by Mark Wilson Seventeen year old David Simmons and his fourteen year old girlfriend began a sexual relationship which continued after …
Judge Sonia Sotomayor Denied My Appeal and I Spent 16 Years in Prison for a Crime I Didn’t Commit by Jeffrey Deskovic My name is Jeffrey Deskovic. At age 17, I was wrongfully convicted of murder and rape, a conviction that was based upon a coerced false confession, the fabrication …
Rodriguez v. City of Houston, TX, Motion for Atty Fees, Wrongful Rape Conviction, 2009 Case 4:06-cv-02650 Document 335 Filed in TXSD on 08/14/2009 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION GEORGE RODRIGUEZ, Plaintiff, v. CITY OF HOUSTON, et al., …
Texas Posthumously Exonerates Man Who Died in Prison by Matthew Clarke by Matt Clarke On February 6, 2009, Travis County District Judge Charlie Baird did what no other Texas judge had done before – he exonerated a dead man. Timothy Brian Cole, who died of asthma due to medical neglect …
California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter Ed Jagels, District Attorney for Kern County, California, is concerned that his …
"Institutionalization" Fails as Criminal Defense at Trial and on Appeal by On May 14, 2008, a California court of appeals upheld the conviction of a man who said he committed an inept bank robbery because he wanted to return to prison. Horace Bordelon, a California state prisoner, spent seven years …
$15,000,000 Verdict for LA Police Officers Upheld by On July 14, 2008, the U.S. Court of Appeals for the Ninth Circuit upheld a $15,000,000 verdict for three LA police officers who suffered civil rights violations related to an improper and negligent investigation into the officers’ alleged illegal conduct. Paul Harper, …
Guards Presence Not Necessary During Deposition in Georgia by A Georgia federal district court has held that refusal to participate in a deposition is not sufficient to warrant dismissal. This case was filed by prisoner Stanley Farley for a retaliatory beating by guards at Georgia State Prison. He was beaten …
False Imprisonment, False Arrest and Malicious Prosecution Claims Cognizable Under FTCA by The Eleventh Circuit Court of Appeals has held that the United States has waived sovereign immunity under the Federal Tort Claims Act (FTCA) for claims alleging false imprisonment, false arrest and malicious prosecution arising out of acts or …
$3 Million Jury Award in Wrongful Termination of Washington Prosecutor by A jury in Washington’s King County awarded a fired prosecutor $3,075,170. The lawsuit by Barbara Corey charged that she was wrongfully terminated by the Pierce County Prosecutor’s Office in 2004. At the time of her firing, Corey was number …
$350,000 Verdict for Malicious Prosecution, False Arrest Claim by A jury in Virginia’s Richmond County Circuit Court has awarded a man $350,000 for injuries incurred during an arrest. Brian Soyars III was arrested outside a bar on January 1, 2006. Ironically, Soyars called police to report that he had witnessed …
Supreme Court Holds Prosecutors Immune from Using False Snitch Testimony to Gain Wrongful Conviction by John Dannenberg Supreme Court Holds Prosecutors Immune from Using False Snitch Testimony to Gain Wrongful Conviction by John E. Dannenberg On March 28, 2007, the Ninth Circuit U.S. Court of Appeals ruled that a California …
Ted Stevens' Charges Dropped: A Tale of Two Justice Systems by Joshua Holland By Joshua Holland, AlterNet Posted on April 1, 2009, Printed on April 1, 2009 Editor's note: this originally appeared on AlterNet's blog, PEEK. It's immaterial that former Alaska senator Ted Stevens was a loathsome, quasi-corrupt slug of …
Pennsylvania Prison Official Settles Termination Lawsuit For Investigating Beating by Former Pennsylvania county prison official, Lt. Constance Bowers, brought a 42 U.S.C. § 1983 suit after being terminated in 2004, two months short of 20 years service to the state. She was allegedly terminated for failure to end an investigation …
Nassau County Attorney's Representation Of Assistant D.A. Terminated For Suspicion by Nassau County (New York) and District Attorney Dennis Dillon appealed an order granting reimbursement for private counsel obtained by Assistant District Attorney Marie Salem in a 42 U.S.C. § 1983 defamation suit. The County also appealed a protective order …
Illinois Federal Jury Awards Record $15.5 Million in False Arrest Case by Matthew Clarke by Matt Clarke On December 20, 2007, an Illinois federal jury awarded a record amount in a civil rights case for false arrest – $15.5 million. The damage award was against the sheriff of Will County, …
Maricopa County Special Prosecutor Padded Résumé, Law Partner Quits by Matthew Clarke by Matt Clarke Regular readers of PLN are familiar with Sheriff Joe Arpaio of Maricopa County, Arizona, who bills himself as “America’s Toughest Sheriff.” [See, e.g., PLN, March 2007, p.14]. Dennis Wilenchik, a private attorney known as “Arpaio’s …
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