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Article • March 15, 2010 • from PLN March, 2010
Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit by Fourth Circuit: Heck Bar Inapplicable to § 1983 False Imprisonment Suit The Fourth Circuit Court of Appeals has joined five other circuits in holding that a former prisoner’s § 1983 false imprisonment claim is not barred by the …
Article • March 15, 2010 • from PLN March, 2010
Washington DOC Ordered to Pay $174,000 for False Imprisonment by A Washington state woman has been awarded $174,000 in damages after the Washington Department of Corrections (DOC) miscalculated her sentence, causing her to stay in prison an extra 18 months. Melanie Hinkle was convicted of conspiracy to commit murder in …
$6,000 Settlement in Illegal Arrest of Washington State Probationer by The State of Washington paid $6,000 to settle a wrongful imprisonment claim. The claim involved the probation violation arrest of Kenneth Butler. When he reported to the community corrections office on January 23, 2008, as required, he was advised that …
Brief • February 12, 2010
Lewis v. Young, OH, Complaint, Identical Twin Murder Case Wrongful Imprisonment, 2010 Case: 2:10-cv-00125-ALM -EPD Doc #: 2 Filed: 02/12/10 Page: 1 of 30 PAGEID #: 3 "- IN THE UNITED STATES DISTRICT COURT <!Jib' 1[0 SOUTHERN DISTRICT OF OHIO EASTERN DIVISION, ~, /2 !c:/~(i.~'c{}/, DERRIS LEWIS 5536 Covert Drive …
Article • January 15, 2010 • from PLN January, 2010
$1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge by On February 25, 2009, a California federal jury awarded $1,310,000 to a man who spent eight months in jail facing a murder charge that was eventually dismissed. Shortly after Christopher Shahnazari was shot in Glendale, California on November …
Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant by A remitter has been ordered in a 42 U.S.C. § 1983 action brought by a psychologist formerly employed by the New York State Office of Mental Retardation and Developmental Disabilities (DMRDD) after the psychologist was …
Article • January 15, 2010
Sacramento County Settles Excessive Force/False Arrest Suit for $1,000 by On January 16, 2004, the County of Sacramento, California settled for $1,000 a suit brought by a former Sacramento County Jail prisoner whose arm had allegedly been broken by a deputy and who had been arrested without an outstanding warrant. …
Article • January 15, 2010 • from PLN January, 2010
$1.31 Million Award to Wrongfully Jailed California Man by A California federal jury awarded $1.31 million to a man who spent eight months in jail for being unlawfully arrested on a home invasion murder he did not commit. Within eight hours of the November 1, 2005 crime, Edmond Ovasapyan was …
Article • January 15, 2010
$20,000 Settlement by King County in Assault, False Imprisonment Claim by Washington State’s King County has settled an excessive force and false imprisonment claim for $20,000. The claim, brought by Bradley T. Nebinger, sought compensation for injuries incurred at the jail on March 4, 2006. Nebinger claimed that he was …
Rodriguez v. City of Houston, TX, Atty Fee Order, Wrongful Rape Conviction, 2009 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 1 of 7 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 2 of 7 Case 4:06-cv-02650 Document 384 Filed in TXSD on 12/22/09 Page 3 …
Article • December 15, 2009
$11,000 Settlement for Arresting Wrong Person by On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging Fourth and Fourteenth Amendment civil rights violations, as well as penal and civil code violations. …
Brief • December 1, 2009
Lago v. City of New York, NY, Preliminary Statement, false arrest imprisonment police sexual assault, 2009 Case 1:09-cv-09863-LAK Document 1 Filed 12/01/2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X IRIS LAGO, ) ) Plaintiff, ) ) -against) ) THE CITY OF NEW YORK; NEW YORK CITY ) …
Article • October 15, 2009
$110,000 Award for Florida Man Falsely Arrested for Child Molestation by A Florida jury awarded a man $10,000 for being falsely arrested on a child molestation charge. Following the verdict, the trial court awarded the man an additional $100,000. The plaintiff lived next to a 5-year-old girl. In 2005, the …
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 …
Why False Imprisonment Recoveries Should Not Be Taxable by Robert Wood by Robert W. Wood1 Claims for false imprisonment may be brought in various ways under federal or state law. An individual who has been wrongfully incarcerated may sue under 42 U.S.C. Section 1983 for a violation of his constitutional …
Article • September 15, 2009
3 Days Illegal Imprisonment Nets $5,500 by Washington’s King County paid $5,500 to settle a claim that a probation officer was negligent in her duties, causing the claimant, Lolita Urie, to be improperly and illegally arrested. When Urie timely appeared for a probation appointment with King County Probation Officer Nancy …
Article • September 15, 2009
$2,500 Settlement for Wrongful Arrest by Washington State’s King County paid $2,500 to settle the claim of Randy A. Field, who was wrongfully arrested on September 20, 2004 and January 21, 2005 for violation of a non-contact order (NCO) with his wife, which had been withdrawn on November 9, 2001 …
Article • September 15, 2009
Time Served In Excess of Base Term Cannot Be Used to Reduce Parole Period by The California Court of Appeal for the First Appellate District has affirmed the denial of a habeas petition filed by a parolee seeking discharge from parole based on time served in excess of the prisoner’s …
Article • September 15, 2009
California Governor's Reversal of Lifer's Grant of Parole Not Based On &amp;quot;Some Evidence&amp;quot; by California Governor's Reversal of Lifer's Grant of Parole Not Based On "Some Evidence" The U.S. District Court for the Southern District of California granted a writ of habeas corpus to a California lifer whose grant of …
Article • September 15, 2009
Collateral Consequences not Presumed in Moot Habeas Petition Challenging BOP Early Release Denial by The Third Circuit Court of Appeals has held that a petitioner’s habeas corpus is moot when it is only “likely” that a sentencing court will reduce the terms of supervised release. The Court’s holding comes in …
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