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Article • April 15, 2013
Kentucky DOC Cannot Alter Time Served Credit by The Kentucky Supreme Court has held that prison officials lack authority to modify presentencing custody credit. Peter Bard was charged with murdering a deputy sheriff in 1993 but the charges were dismissed when he was found incompetent to stand trial. Bard was …
Article • April 15, 2013
Statute of Limitations Kills Oregon False Imprisonment Suit by The Oregon Court of Appeals affirmed the statute of limitations dismissal of a former prisoner's false imprisonment suit. In three separate judgments, Loren MacNab was convicted of four counts of failing to register as a sex offender and sentenced to jail …
Who Polices Prosecutors Who Abuse Their Authority? Usually Nobody by Joaquin Sapien by Joaquin Sapien, ProPublica, and Sergio Hernandez, Special to ProPublica The murder case against Tony Bennett seemed pretty straightforward. Shortly before midnight on May 7, 1994, police found a 26-year-old man in the foyer of an apartment building …
Lasting Damage: A Rogue Prosecutor’s Final Case by Joaquin Sapien ProPublica Among the thousands of prosecutors who have tried cases in the name of the people of New York City, Claude Stuart came to hold a handful of unfortunate distinctions: • He was a serial abuser of his authority. State …
U.S. Citizens Mistakenly Snared, Deported by DHS and ICE by Derek Gilna An increasing number of American citizens have been questioned, detained and even deported by the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), as a result of databases that incorrectly identify them as undocumented …
Article • March 15, 2013 • from PLN March, 2013
Former New York Prisoner Exonerated, Receives $2 Million Settlement by A man whose conviction was overturned after spending 10 years in prison has settled his wrongful conviction suit against the State of New York for $2 million. Michael Clancy, 25, was working as an apprentice elevator mechanic when he was …
Article • March 15, 2013 • from PLN March, 2013
Fifth Circuit Reverses $659,300 Katrina-Related Jury Award by Matthew Clarke by Matt Clarke In March 2012, the Fifth Circuit Court of Appeals reversed a $659,300 jury award in favor of two men who were arrested for public intoxication in New Orleans two days before Hurricane Katrina struck, and were then …
Seales v. City of Detroit, MI, Amended Complaint, Wrongful Imprisonment, 2013 Case 4:12-cv-11679-GAD-DRG ECF No. 28 filed 04/09/13 PageID.121 Page 1 of 22 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARVIN SEALES, Plaintiff, Case No. 4:12-cv-11679 Hon. Gershwin A. Drain v CITY OF DETROIT, a Municipal Corporation; …
Brief • February 18, 2013
Filed under: Wrongful Imprisonment
Hayes v. Flowers, GA, Complaint, Wrongful Incarceration, 2013 Case 1:13-cv-00025-WLS Document 1-3 Filed 02/18/13 Page 1 of 19 ATTACHMENT A -- . ...;; \ Ci~il , .' AI• ;· ;· ,., ,·) 2 of 19 Document 1-3 Filed 02/18/13 i, '-' Page ,. /' 7' Case 1:13-cv-00025-WLS ..,.. .9 i …
Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence by Matthew Clarke by Matt Clarke In a 7-0 opinion with two judges not participating, the Texas Court of Criminal Appeals held on February 15, 2012 that a former prisoner who claimed exculpatory evidence was withheld in his …
Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases by Matthew Clarke by Matt Clarke On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent …
North Carolina Governor Pardons Wilmington 10 by In 1971, during a time of racial unrest in Wilmington, North Carolina, shortly after schools were integrated and amid protests and race-based violence, a white-owned business, Mike’s Grocery, was firebombed. Responding firefighters claimed they were targeted by gunfire from unknown shooters at a …
Article • December 15, 2012 • from PLN December, 2012
Misconduct at U.S. Army Lab Taints Hundreds of Military Prosecutions by Derek Gilna Pentagon investigators are looking into allegations that an analyst at the U.S. Army Criminal Investigation Laboratory (USACIL) botched hundreds of DNA tests, casting doubt about lab results in hundreds of prosecutions. An accused soldier who was forced …
Article • December 15, 2012 • from PLN December, 2012
Fifth Circuit Reverses $250,000 Award to Mississippi Prisoner Held too Long by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that Christopher B. Epps, the Commissioner of the Mississippi Department of Corrections (MDOC), was entitled to qualified immunity after a prisoner was held beyond the date …
Article • December 15, 2012 • from PLN December, 2012
Missouri County Ordered to Present Civil Detainees Before Court within 27 Hours; $75,000 Damages Settlement by A Missouri federal district court has entered a consent decree in a class-action lawsuit that prohibits county officials from holding people detained for more than 27 hours, excluding weekends and holidays, on a civil …
Article • December 15, 2012 • from PLN December, 2012
West Memphis Three Released, but Justice Not Served and Questions Remain by Joe Watson In August 2011, a trio of Arkansas state prisoners, widely known as the West Memphis Three, walked out of prison after serving more than 18 years for a brutal triple homicide they did not commit. They …
Rojsza v. City of Ferndale, WA, Amended Complaint, false arrest 14th Am ethnic bias unlawful detention, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 …
Texas Compensates Exonerees Unequally by Matthew Clarke by Matt Clarke A succession of laws, cumulating in the most generous compensation package for wrongly convicted prisoners in the nation, has left Texas exonerees stuck at different levels of compensation depending on when they were proven innocent. Consequently, some earlier exonerees now …
Brief • October 12, 2012
Galarza v. Szalczyk, PA, Settlement - Allentown, ICE Detention US Citizen, 2012 JOINT TORTFEASOR RELEASE AND INDEMNITY AGREEMENT KNOW ALL MEN BY THESE PRESElNTS, that the undersigned, ERNESTO GALARZA (hereinafter "RELEASqR") intending to be legally bound, for and in consideration of the full sum of T1"'ENTY FIVE THOUSAND DOLLARS ($25,000.00) …
Article • September 15, 2012 • from PLN September, 2012
Ventura County, California Settles Wrongful Arrest Class-action Suit for $350,000 by In September 2011, the Ventura County Sheriff’s Office (VCSO) agreed to settle a class-action civil rights lawsuit alleging that innocent people had been jailed when VCSO officials failed and/or refused to use readily available technological means (such as fingerprint …
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