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No Immunity for Prosecutors Who Conspire to Assault Prisoner by The plaintiff alleged that prosecutors conspired to have the plaintiff assaulted by other prisoners. At 604: "These actions, if true, would be quite outside the prosecutorial sphere, and thus the absolute immunity of prosecutors as quasi-judicial officers would not apply." …
AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity by AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity Kenneth Ashelman, an Arizona state pretrial detainee, filed suit against the judge and prosecutor in his criminal prosecution, pursuant to 42 U.S.C. § 1983, in …
Innocent Idaho Prisoner Receives $900,000 for 21 Years Wrongful Incarceration by After spending nearly twenty-one years incarcerated for murder, Donald M. Paradis was released from Idaho?s death row on April 10, 2001. Now, just over fiver years later, Paradis is set to receive $900,000 for his wrongful conviction and incarceration. …
No Absolute Immunity for Illegal Wiretap; Qualified Immunity Standard Issued by The U.S. Supreme Court held that status as a Cabinet Officer is not in itself sufficient to invest that officer with absolute immunity from suit. In 1970, Attorney General John Mitchell authorized a warrantless wiretap of William Davidson's telephone …
Restivo v. Nassau County, NY, Amended Complaint, Wrongful Conviction, 2007 Case 2:06-cv-06720-JS-WDW Document 33 Filed 04/23/2007 Page 1 of 48 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK JOHN RESTIVO, DENNIS HALSTEAD, MELISSA LULLO, JASON HALSTEAD, TAYLOR HALSTEAD, and HEATHER HALSTEAD, Plaintiffs, v. 06-CV-6720 (JS) (WDW) NASSAU …
Article • September 15, 2006 • from PLN September, 2006
Assistant U.S. Attorneys Ordered to Pay Prisoner $500 For Misconduct by Michael Rigby On April 6, 2005, a judge in the U.S. District Court for the Western District of Texas levied a $500 sanction award against two Assistant U.S. Attorneys for their unethical, unprofessional, and dishonest conduct in a prisoner …
North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in by North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in Capital Case by Matthew T. Clarke Alan Gell cried recently after a North Carolina State Bar panel issued a mere reprimand, the least discipline possible, to two …
North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in Capital Case by by Matthew T. Clarke Alan Gell cried recently after a North Carolina State Bar panel issued a mere reprimand, the least discipline possible, to two former prosecutors who withheld evidence in his capital murder case. "Here …
Maricopa County, Arizona, Settles Wrongful Imprisonment Suit For $1.4 Million by On April 6, 2005, a man falsely imprisoned for a decade on Arizona's death row settled with Maricopa County for $1.4 million. Ray Krone, once dubbed the snaggletooth" killer, was sentenced to death in 1992 based on testimony that …
Suit Over Rape of Prisoner By TDCJ Employee Settled for $118,318.56 and Beach Property by By Matthew T. Clarke On November 19, 2004, a Texas prisoner who was raped by a Texas Department of Criminal Justice (TDCJ) guard settled his suit against the guard and TDCJ for a total of …
First Circuit Rejects Interlocutory Appeal for Authorities Accused of Frame-Up by by Robert H. Woodman In a case involving charges of frame-up and cover-up by former Massachusetts and federal authorities brought by former Massachusetts state prisoners, their family members, estates, and survivors, the United States First Circuit Court of Appeals …
Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison by Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison by Matthew T. Clarke On September 14, 2004, the St. Louis suburb of Dellwood settled a suit by a woman wrongfully convicted of murder for $7.5 million. …
Wrongfully Convicted Pennsylvania Prisoner Settles for $2.3 Million; Forensics Expert Fired by A wrongfully convicted ex-prisoner who spent 15-years in a Pennsylvania prison got modest compensation from the government that imprisoned him by winning a $2.3 million settlement in the lawsuits he filed. In Washington state, a forensic scientist was …
Article • April 15, 2004 • from PLN April, 2004
A Culture of Prosecutorial Misconduct by Peter Schmidt Review by Peter Schmidt The Center for Public Integrity (CPI), a non-profit, investigative journalism organization based in Washington, D.C., has recently published a major study on prosecutorial misconduct in America. The lengthy, empirical study, entitled Harmful Error: Investigating America's Local Prosecutors, which …
Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case by The U.S. Eighth Circuit Court of Appeals upheld a jury verdict, damages awards, and discovery sanctions against Missouri Department of Corrections officials at the Potosi Correctional Center (PCC) in a case involving excessive force against PCC …
Deaths and Beatings Rampant in Texas' Nueces County Jail by Gary Hunter Nueces County Jail in Corpus Christi Texas has become a regular source of dead and beaten prisoners. Ten prisoners have died in the jail between 1996 and 2000. Two cases have already cost the county $2 million and …
Dallas Police Convicted of Framing Drug Defendants, DA Refuses to Help Innocent Prisoners by by Matthew T. Clarke In April, 2000, former Dallas police officers Quentis Roper and Daniel Maples were convicted of extorting more than $125,000 from drug dealers and illegal immigrants and falsifying evidence against those who refused …
Compensating the Wrongly Convicted, or Not by Matthew Clarke by Matthew T. Clarke Hundreds of thousands of men and women are hidden from society—social failures convicted of felonies—behind concrete walls and razor wire in isolated parts of our country. Nestled among them are society's silenced victims—the wrongfully convicted. Society is …
New York County Liable for Jail Strip Searches by A U.S. district court in New York granted a former prisoner's motion to amend his complaint in a suit involving strip searches and blasted Orange County attorneys for making frivolous arguments against it. Jaime Murcia was mistakenly arrested on a Federal …
Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
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