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Article • February 15, 2008 • from PLN February, 2008
Overdetention: When Completing a Prison Sentence Just Isn’t Enough by David Reutter Overdetention: When Completing a Prison Sentence Just Isn't Enough by David M. Reutter One of the most basic functions of a prison system is releasing prisoners when their sentences expire. In April 2007, the Massachusetts Department of Correction …
Ninth Circuit Holds Washington DOC Immune From Suit for Denial of Community Custody Early Release by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the Secretary of the Washington State Department of Corrections (WDOC) was qualifiedly immune from suit by prisoners who claimed …
Article • January 15, 2008
Once Court Orders Arrestee Held, Police Have No Duty to Investigate Mistaken Identity by The Seventh Circuit Court of Appeals has held that once an arrested person has been brought before a court and ordered held, law enforcement has no duty to verify claims of mistaken identity. Chicago police stopped …
Pennsylvania County Jail System Overcrowded, Under-Regulated by David Reutter by David M. Reutter Almost everyone with experience on the incarceration side of America's criminal justice system will tell you they would rather do time in prison than in a jail. The primary reason is that the overall conditions of confinement …
Article • December 15, 2007
Michigan: $3.3 Million Settlement for 9 Years Wrongful Imprisonment by On September 5, 2005, a man who spent nine years in prison for a rape he didn?t commit settled with the Township of Clinton, Michigan, for an approximate total of $3,338,160. Kenneth Wyniemko was convicted in 1994 of raping and …
One-Off Offing: Why You Won't See a Disbarment Like Mike Nifong's Again by David Feige By David Feige Posted Monday, June 18, 2007, at 6:04 PM ET Now that justice has prevailed in the Duke rape case, with the nice innocent boys exonerated and the prosecutor who hounded them disbarred, …
Article • October 15, 2007 • from PLN October, 2007
Clarification: by The July 2007 issue of Prison Legal News reported Sarsfield v. City of Marlborough, $13,655,940 Award for False Massachusetts Rape Conviction and Gregory v. City of Louisville, Louisville, Kentucky Settles with Wrongly Imprisoned Man for $3.9 Million. Barry Scheck was lead counsel for both plaintiffs, but while he …
Article • September 15, 2007 • from PLN September, 2007
Wisconsin Over Detention Suit Not Barred by Rooker-Feldman Doctrine by The Seventh Circuit Court of Appeals reversed a lower court?s dismissal of a prisoner?s suit related to a delay in granting time served credits. The court concluded that plaintiff?s claims were not barred by the Rooker-Feldman doctrine. In 1997, Reginald …
Wrongfully Imprisoned California Man Awarded $18 Million by On February 15, 2006, a federal jury in California awarded $18 million to a man who was wrongly charged with sexual assault of a child and imprisoned for 10 months. During his false imprisonment in the Los Angeles County Jail, Ramirez, 26, …
An Old Story: District of Columbia Continues Overdetaining and Strip Searching Prisoners by A federal district court for the District of Columbia has, once again, certified a class action in a complaint that District of Columbia is over-detaining persons ordered released and strip searching them without individualized suspicion. The Court …
Brief • July 26, 2007
Limone v. USA, MA, Order, Damages for Wrongful Convictions by FBI, 2007 Case 1:02-cv-10890-NG Document 565 Filed 07/26/2007 Page 1 of 228 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS PETER J. LIMONE, et al., Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) Civ. Action No. …
Article • May 15, 2007
Qualified Immunity Discussed in Texas Over Detention Suit by The Fifth Circuit Court of Appeals held that jail officials failed to present sufficient evidence to allow the question of qualified immunity to be submitted to the jury. This action was filed by a former prisoner of the Dallas County Jail …
Illinois Prisoner Awarded $34,500 For Delayed Release by On July 20, 1994, a federal district court awarded a former Illinois state prisoner $34,500 in compensatory and punitive damages for the extra time he spent in prison after being granted parole. Plaintiff Timothy Wilson claimed that on January 21, 1990, he …
Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunityndants Get Qualified Immunity by Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunity On December 22, 2004, four former prisoners of the Washington Department Of Corrections (WDOC) brought suit in federal …
Article • May 15, 2007
Failure to Ascertain Arrestee's Identity Creates Liability for False Imprisonment by Failure to Ascertain Arrestee's Identity Creates Liability for False Imprisonment The Eleventh Circuit Court of Appeals held that a Macon County, Alabama Sheriff's deputy who failed to make an attempt to obtain information from an arrestee for purposes of …
Article • May 15, 2007
No Arraignment, Imprisonment For Civil Debt Raise Fact Issues by The United States Court of Appeals for the Sixth Circuit held that issues of fact precluded summary judgment of an arrestee's civil rights action stemming from his warrantless arrest and his imprisonment for failure to pay fines and court costs, …
Article • May 15, 2007
California Federal Court Awards Falsely Arrested/Imprisoned Man $850,000 by On December 31, 2003, the U.S. District Court for the Central District of California awarded $850,000 to a man who was falsely arrested and imprisoned for seven weeks due to misidentification by the federal Drug Enforcement Agency (DEA). In 1999, the …
Article • May 15, 2007
$8,500 Paid in WA DOC Wrongful Warrant/Arrest Suit by John H. Queener was arrested on May 9, 1989, as the result of a standard warrant search during a traffic stop. The warrant was issued on January 16, 1986 by the Washington State Department of Corrections Community Supervision Office. However, on …
Article • May 15, 2007
Psychological Coercion Not Legal Component Of Involuntary Servitude by The U.S. Supreme Court held that the use of psychological pressure did not violate U.S. statutes prohibiting involuntary servitude. After two mentally retarded individuals were found laboring on a farm for up to 17 hours a day with no pay due …
Article • May 15, 2007
Unconstitutional to Hold Wisconsin Prisoner Beyond Mandatory Release Date by by Matthew T. Clarke Wisconsin court of appeals held that Wisconsin Department of Corrections (DOC) officials who held a prisoner beyond his mandatory release date (MRD) violated the prisoner's Eighth Amendment rights. James Allen, a former Wisconsin state prisoner, became …
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