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Mississippi Woman Awarded $75,000 for Wrongful Incarceration Due to Court Clerk Error by On October 19, 2005, a federal jury in Mississippi awarded Michelle Hobbs $75,000 after she was wrongfully detained for 4 hours based on an arrest warrant mistakenly issued by a court clerk. Hobbs's initial arrest occurred in …
Article • May 15, 2009
Missouri DOC Ordered to Pay Ex-Prisoner $10,600 for Wrongful Imprisonment by On May 20, 2005, a federal jury in Eastern Missouri awarded ex-prisoner, Daryl Davis, $10,600 after corrections officials in that State failed to release him for almost 60 days after his court-ordered release. Convicted of theft in St. Louis …
Article • May 15, 2009
Plaintiffs Prevail in Objections to Taxed Bill of Costs by Following their arrest, conviction and imprisonment in 2002, Plaintiffs Kimberly Sykes and Tevya Urquhart, had the convictions overturned on appeal in 2004. Each woman then filed suit against various police officers in 2005 pursuant to 42 U.S.C. sec. 1983 alleging …
Article • May 15, 2009
$4,000 Settlement in Failure to Arraign by Washington state’s King County Jail has paid $4,000 to settle the claim of Michael Chiofar, which asserted damages for the failure of the jail to assure that he was arraigned within 72 hours of his arrest as required by Washington law. He claimed …
$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, …
Article • April 15, 2009
Time Spent in Civil Commitment Detention Credited Toward Criminal Sentence by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility, for the purposes of sentence calculation. The Court’s ruling came …
Article • April 15, 2009
Court Orders BOP to Recalculate Prisoner’s Good Time by On January 10, 2007, U.S. Magistrate Judge Janice M. Stewart granted a habeas corpus petition filed by a federal prisoner who alleged that the Bureau of Prisons (BOP) miscalculated his good conduct time (GCT). George Scott Kelly was convicted of felony …
Eighth Circuit Holds Failure of U.S. Parole Commission to Hold Early Termination Hearing Does Not Make Custody Illegal by The Eighth Circuit Court of Appeals has held that 18 U.S.C. sec. 4211(c)(1) creates only a right to an early parole termination hearing, not a right to release in the absence …
Article • April 15, 2009
Dismissal of Suit Challenging Loss of Diminution Credits Upheld by On May 8, 2008, the Maryland Court of Special Appeals upheld the dismissal of a prisoner suit challenging the loss of diminution credits. Alfred Fraction and Gregory Nutter, Maryland prisoners, sued the Secretary of the Department of Public Safety and …
Article • April 15, 2009
New York Civil Case Settled in 1977 by Simply Clarifying Rule by A U.S. district court in New York allowed the New York City Police Department (NYCPD) to settle a civil case in 1977 by stipulating and clarifying the NYCPD’s policy on bystanders remaining in the area of an arrest …
Article • April 15, 2009
California Unlawful Arrest and Excessive Force Nets $90,000 by The City of Salinas, California paid a Daly City man $90,000 to settle his lawsuit for unlawful arrest, detention and excessive force. Maurice Goodman, an African American staff paralegal for the San Mateo County Superior Court, and coach and team president …
$16,000 Awarded in Father's Day False Arrest by On November 30, 2005, John McHenry of Delaware County, Pennsylvania was awarded $1,000 in compensatory damages and an additional $15,000 in punitive damages as a result of his civil rights suit for false arrest. On June 16, 2002, Father's Day, McHenry was …
Article • April 15, 2009
Section 2501 Imposes Jurisdictional Limitation for False Imprisonment; Claim Must Be Brought Within Six Years by The United States Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal of a false imprisonment claim against the United States. Because the action was not brought within the six year …
Article • April 15, 2009
California Appellate Court: First-Degree Murderer Released After 24 Years And Four Governor-Reversals Of Grants Of Parole by The California Court of Appeal, in 2-1 decision, overruled Governor Schwarzenegger’s fourth reversal of a grant of parole for a 60-year-old female first-degree murderer after finding that her release was not supported by …
Article • March 15, 2009
Obama Administration Contends Prisoner Has No Right to DNA Testing by David C Fathi By David C. Fathi DNA testing is a uniquely powerful crime-solving tool. Testing crime scene evidence using new and advanced techniques has solved many previously unsolved crimes, leading to the arrest and conviction of rapists and …
Article • March 15, 2009
$1,375 Settlement For 11 Days Excessive Federal Imprisonment by Ex federal prisoner and Washington, D.C., resident Isaac McKelvin filed an administrative tort claim with the United States Department of Justice (DOJ), Federal Bureau of Prisons (BOP), for being incarcerated 11 days past his mandatory release date. He was paid $1,375 …
Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine by Sixth Circuit Outlines Exceptions to Heck Favorable-Termination Doctrine The Sixth Circuit Court of Appeals has held the favorable-termination doctrine does not apply to 42 U.S.C. § 1983 actions brought by prisoners who were foreclosed from challenging their incarceration in a habeas …
Federal Prisoner Eligible For Community Placement Despite BOP Regulations by Bob Williams By: Bob Williams The United States Court of Appeals for the Tenth Circuit has invalidated Bureau of Prisons (BOP) community placement regulations as inconsistent with congressional intent. Florence (Colorado) Federal Correctional Institution Warden, Ron Wiley, appealed a 2006 …
Article • January 15, 2009
Unnecessary Delay Of Probation Revocation Proceeding Unjustified Absent Timely Warrant by United States prisoner Randall Crisler appealed the revocation of his probation for violating it's conditions. The delayed revocation was ordered after his probation expired and his supervised release was ordered terminated by the appellate court. Crisler was sentenced to …
Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
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