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Article • May 15, 2007
Georgia Man Falsely Arrested by Bond Agent Awarded $5,172 by On December 3, 2002, a man jailed after being mistakenly identified by a bond agent was awarded $5,172 in damages by a superior court in Fulton County, Georgia. Plaintiff Charles Leeks was arrested at his place of employment by an …
Georgia Sheriff Sues Over Using Prisoner Labor by A Georgia federal district court has found that the defendants in a 42 U.S.C. § 1983 action alleging claims of (1) bad faith prosecution; (2) arrest without probable cause; (3) deprivation of liberty without due process; (4) unlawful search and seizure of …
Article • May 15, 2007
Washington Prisoner Awarded $125 for Failure to Timely Respond to Public Records Request by Washington Prisoner Awarded $125 for Failure to Timely Respond to Public Records Request A Thurston County, Superior Court in Washington State awarded Airway Heights Correction Center prisoner Derek E. Grunquist $125 for a 114 business day …
Article • May 15, 2007
$8.2 Million Awarded for Florida Malicious Prosecution by A Florida federal jury awarded a former employee of Brinks, Inc. $8,261,050 for malicious prosecution by Brinks' failure to provide complete information and withholding important evidence from the police regarding a theft. In 1996, while plaintiff was an employee of Brinks, $350,000 …
$2,500 Awarded in Pennsylvania False Arrest Claim by The plaintiff in this case alleged that Wackenhut Corrections Corporation falsely imprisoned him due to mistaken identity, and failed to immediately release him when it was informed of the mistake by a parole officer. Plaintiff was stopped for a traffic violation in …
Article • May 15, 2007
Holding Prisoner Past Release Date Violates Due Process by California Prisoner's Imprisonment Past Release Date Violates Due Process The Ninth Circuit held that a § 1983 suit filed by a former prisoner was the appropriate venue for Eighth Amendment and due process claims. Frank Haygood brought a civil rights action …
County Prosecutors Acting Outside Their Authority Lose Absolute Immunity by In this somewhat confusing opinion, the U.S. Ninth Circuit Court of Appeals held that county prosecutors, defendants in a civil, rights lawsuit brought by two men who were falsely arrested, were not entitled to absolute immunity on numerous claims, including …
Article • May 15, 2007
$5,000 Paid in Wrongful WA Probation Warrant and Arrest by Rosalie Hanstad was pulled over by a Washington State trooper for speeding and was subsequently arrested on a probation warrant. She filed suit under 42 U.S.C. § 1983 in state court and a tort complaint for intentional and emotional distress …
Article • May 15, 2007
$27,000 For Washington Prisoner's 2 1/2 Years Of Unlawful Imprisonment by Raymond Stokes' early release date was calculated as July 28, 1998. However, due to his status as a disabled person, DOC officials at the Clallam Bay Corrections Center, in Clallam Bay, Washington, refused to credit Mr. Stokes with the …
Article • May 15, 2007
$35,000 For 14 Months Of Unlawful Imprisonment by In February 1993, Jaramie Womack committed a burglary in Wyoming. In July of that same year, Mr. Womack committed a robbery in Washington. He was sentenced to 3 to 6 years for the Wyoming offense and was extradited to Washington, where he …
Article • May 15, 2007
$2,000 For Erroneous Washington Parole Drug Test Result by On May 1, 1995, John Lizee was arrested for a community supervision violation by his community corrections officer and confined at the Airway Heights Corrections Center, in Spokane, Washington, until May 4, 1995. Mr. Lizee's arrest and confinement was based on …
Article • May 15, 2007
$50,000 For 8 Months Of Unlawful Imprisonment by Washington DOC by On August 5, 1981, Joel Perry was sentenced to concurrent terms of 5 and 10 years in prison for various felonies. These terms of confinement were suspended, and Mr. Perry was placed on probation. Mr. Perry's suspended sentence was …
Article • May 15, 2007
$1,500 For Illegally Extending Term of Community Supervision by On May 8, 1992, Raymond Mullins was sentenced to one year of community placement for a felony conviction and to one year of probation for a misdemeanor conviction. These sentences were imposed concurrently. On July 30, 1992, Mr. Mullins' probation was …
Article • May 15, 2007
$7,000 For 20 Days Of Unlawful Imprisonment by Robert Bergen was serving a ten-year prison sentence for assault and indecent liberties. His good time release date was scheduled as February 18, 1981. Five months prior to this date, Mr. Bergen received a prison disciplinary infraction. He was found not guilty …
Article • May 15, 2007
Illinois Man Awarded $750,000 for 15 Days Wrongful Imprisonment by On November 25, 2003, a federal jury in Chicago, Illinois, awarded $750,000 to a man who was wrongfully imprisoned for 15 days in the Cook County Jail. Emillano Hernandez was pulled over on June 19, 1999, for allegedly failing to …
CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …
Article • May 15, 2007
Restrained Juvenile Prisoner Settles Injury Claim For $1,000 by After filing suit in August 1997, a juvenile female prisoner who suffered emotional distress and facial bruising while being forcibly restrained by personnel at the Marygrove Residential Treatment Facility settled her claim for $1,000. The girl had alleged in her suit, …
Article • May 15, 2007
State Court Ruling on Good Time Calculating Creates Liberty Interest by The defendants failed to credit the plaintiff properly for good time, even though they had obtained a decision in prior litigation with him stating the correct way of calculating it. As a result he spent six extra months in …
Article • May 15, 2007
Release of DNA Evidence Must Be Brought As Habeas by The plaintiff sued to obtain the release of biological evidence for DNA testing, alleging it would be exculpatory as to his criminal conviction. His suit was, in effect, a challenge to the validity of his criminal conviction that must be …
Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury by Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury The plaintiff was involuntarily detained and hospitalized. He prevailed both on his Fourth Amendment claims for unlawful seizure and his state law claims for false …
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