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Article • June 15, 2012
Minnesota: Removal Not Required where Judge's Spouse is Employed by Prosecutor's Office by In September 2011, the Minnesota Supreme Court held that cause for removal of a judge presiding over a case does not exist solely because the judge's spouse is employed by the office of the prosecutor. William Jacobs, …
Ninth Circuit Holds Phoenix New Times Executives May Sue Special Prosecutor over Improper Arrests; Prosecutor Disbarred by Matthew Clarke by Matt Clarke On June 9, 2011, the Ninth Circuit Court of Appeals held that executives with the Phoenix New Times, an alternative weekly publication, could sue a special prosecutor who …
Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …
Colorado Prison Murder Prosecutions Include Coerced Witnesses, Withholding of Evidence by In January 2011, a Powers County, Colorado jury acquitted a prisoner who was charged in the stabbing death of another prisoner. Prior to trial, prison officials were accused of using coercion to persuade prisoners to testify for the prosecution, …
Oregon’s Attorney General Accused of Botched, Abusive Prosecutions by Mark Wilson As previously reported in PLN, the Oregon Department of Justice (ODOJ) recently turned its prosecutorial power against a hotshot small-town district attorney. [See: PLN, Oct. 2011, p.39]. By the time it was over the DA had resigned, but the …
Problems at North Carolina State Bureau of Investigation Crime Lab by Recent revelations of shoddy blood analysis at the North Carolina State Bureau of Investigation (SBI) crime lab led to an investigation that uncovered at least 190 cases of serious blood work errors in criminal cases. Those cases included three …
Brief • January 6, 2012
Sanders and Phillips v. City of New York, NY, Complaint, false arrest malicious prosecution unlawful detention, 2012 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - -- - - - - - - - - - - - - - - - - - - - …
Anatomy of False Confessions, Redux by Earlier this year PLN reported on the phenomenon of suspects who falsely confess to crimes they did not commit. [See: PLN, April 2011, p.18]. As false confessions occur in wrongful conviction cases with disturbing regularity, this article revisits and expounds on this important topic …
$1 Million Settlement in Texas Wrongful Conviction Suit by On March 31, 2011, a man who had been falsely convicted of burglary, rape and sexual abuse accepted a $1 million settlement after being exonerated by DNA evidence. Donald Wayne Good filed a 42 U.S.C. § 1983 civil rights suit in …
Article • November 15, 2011
$200,000 Jury Award in Illinois False Arrest, Malicious Prosecution Suit by An Illinois state jury awarded $200,000 in a malicious prosecution suit brought by Rodolfo Rivera. While he was at a social gathering around midnight on June 24, 2006, other people arrived in the area looking for trouble. Someone called …
Sixth Circuit Upholds $2.5 Million Jury Award for Wrongly Convicted Women by Matthew Clarke By Matt Clarke On April 12,2011, the Sixth Circuit Court of Appeals issued an opinion upholding the $2.5 million jury award and $250-per-hour attorney-fees award to two women who were wrongly convicted of felonies. Kimberly Sykes …
Article • November 15, 2011
Former Michigan Prisoner Awarded $1.27 Million for False Arrest and Malicious Prosecution by A Michigan federal jury awarded a former prisoner $1.27 million in a malicious prosecution lawsuit. After she was robbed at gunpoint, Tevya Urquhart was arrested, found guilty and sentenced to prison. After her successful appeal, Urquhart filed …
$500,000 Award in Washington Malicious Prosecution Claim by A Washington state federal jury awarded $500,000 to the plaintiff in a civil rights action that alleged malicious prosecution. The suit was brought by Brian Wiederspohn against two Whatcom County Sheriff deputies. The deputies, Jeremy Freeman and Trevor Vanderveen, went to Wiederspohn’s …
Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in …
Prosecutors Who Commit Misconduct Are Rarely Disciplined by Matthew Clarke by Matt Clarke Prosecutors have a great deal of power and discretion. They choose whether to prosecute a case, what charges to file against a defendant and what plea bargain to offer. They can influence the court when imposing sentence …
Charges Against Phoenix New Times Editors Dropped/Private Prosecutor Dismissed by Matthew Clarke by Matt Clarke In the middle of the night of October 18, 2007, Phoenix New Times founders Michael Lacey and Jim Larkin were arrested at their homes and charged with revealing grand jury information for publishing an article …
U.S. Supreme Court Overturns Wrongful Conviction Suit Against New Orleans DA, Vacates $14 Million Judgment by Derek Gilna by Derek Gilna and Brandon Sample In a March 29, 2011 five-to-four decision, the U.S. Supreme Court ruled against a former Louisiana prisoner who filed a § 1983 suit against Orleans Parish …
$5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction by The City of Barberton, Ohio has paid $5.25 million to settle a lawsuit filed by a man wrongfully convicted of murder. Clarence Elkins spent almost eight years in prison before being exonerated by DNA evidence in 2005. Elkins …
Article • June 15, 2011 • from PLN June, 2011
Controversy Involving North Carolina State Bureau of Investigation Crime Lab by Matthew Clarke by Matt Clarke Crime lab analysts and agents with the North Carolina State Bureau of Investigation (SBI) have been accused of pushing the limits of accepted science and police procedures to provide pro-prosecution results. The accusations appeared …
Article • May 15, 2011
Arrested Anti-Arpaio Agenda Protestors Settle for $500,000 by On July 8, 2010, a group of seven activists who were arrested or cited by the Maricopa County Sheriff's Office (MCSO) settled their individual suits for wrongful arrest and malicious prosecution for a total of $500,000. The arrests and citations occurred during …
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