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Prosecutor Not Entitled to Immunity for Statements to Press by On November 17, 2009, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part judgment for a prosecutor, warden, and other prison staff member accused of various constitutional violations. Woodson Hart sued prosecutor Kenneth …
New Research: Why Innocent People Confess to Crimes They Did Not Commit by Derek Gilna A September 2010 article in the New York Times highlighted an interesting phenomenon that has become more evident in an era where DNA evidence is available to help conclusively prove guilt or innocence – the …
Brief • April 15, 2011
Filed under: Malicious Prosecution
Deskovic v. City of Peekskill, NY, Approval of Settlement, malicious prosection, 2011
$50,000 Settlement in Suit Alleging CCA Counsel Falsified Court Documents by The District of Columbia paid $50,000 to settle a lawsuit by prisoner George Carter that claimed Corrections Corporation of America (CCA) counsel falsified court orders in his habeas corpus proceeding. While at D.C.’s Central Treatment Facility (CTF) Carter was, …
New York City Pays $9.9 Million to Settle Wrongful Conviction Suit by The City of New York will pay $9.9 million to a man who was wrongfully accused, arrested, convicted and imprisoned as the result of actions by disgraced former New York City police detective Louis J. Eppolito, who is …
California Wrongful Conviction Lawsuit Settled for $7.95 Million by A long-running lawsuit against the City of Long Beach, California for Thomas Goldstein’s wrongful murder conviction was settled in June 2010 for $7.95 million. After serving 24 years in prison following his 1980 conviction, Goldstein was finally released based on new …
Article • December 15, 2010 • from PLN December, 2010
Oregon Jail Beating Nets $500 Jury Award Plus $27,500 in Attorney Fees by Mark Wilson In December 2009, a federal jury in Portland, Oregon awarded a hearing-impaired jail prisoner $500 for a beating inflicted by guards during the booking process. The defendants also paid attorney’s fees of $27,500. On September …
Child Porn Investigations May Snare the Innocent by Michael Rigby by Mike Rigby A new threat looms in the Internet age – the threat of improper prosecutions and wrongful convictions for the unwitting receipt, possession or attempted possession of child pornography. Everyone is at risk, as these offenses can be …
Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions by Matthew Clarke To millions of people whose knowledge of crime labs comes from television shows such as CSI, Bones, Crossing Jordan and the venerable Quincy M.E., the forensic experts who work at such labs seem to be infallible scientists …
$10 Million Settlement for Former Colorado Prisoner Cleared by DNA by David Reutter by David M. Reutter On February 16, 2010, Colorado’s Larimer County Commission approved a $4.1 million settlement with a former prisoner who served 10 years of a life sentence for a murder he didn’t commit. The settlement …
$3.5 Million Settlement to Former New York Prisoner Convicted Due to Perjured Testimony by The City of New York has paid $3.5 million to settle a lawsuit brought by an innocent man who spent 12 years in prison after being wrongfully convicted of attempted murder. The conviction was obtained by …
Brief • August 11, 2010
Cameron v. City of New York, NY, Motion for Specific Jury Instructions, 2010 Case 1:06-cv-07798-PAC Document 67 Filed 08/11/10 Page 1 of 22 PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR SPECIFIC JURY INSTRUCTIONS, TO PRECLUDE THE INTRODUCTION OF EVIDENCE AT TRIAL, OPPOSING THE BIFURCATION OF THE ISSUE …
San Francisco Settles Wrongful Incarceration Cases for $7.5 Million by Michael Brodheim Nearly six years after his release from prison, Antoine Goff received a measure of belated justice – a $2.9 million settlement for almost 13 years of wrongful incarceration. Goff and his co-plaintiff, John “J.J.” Tennison, had filed complaints …
Pennsylvania Judges Involved in Corruption Case Face Liability; 5,000 Convictions Thrown Out by David Reutter by David M. Reutter A Pennsylvania U.S. District Court has granted absolute judicial immunity to two former state court judges in a consolidated class-action civil rights suit. That immunity, however, only applied to judicial acts, …
Missoula County Settles Medical Treatment Denial Suit for $5,000 by In September 2009, a retired physician settled the part of his lawsuit that alleged denial of medical care while in the Missoula County Detention Facility (MCDF) for $5,000. The remaining claims in the suit were not settled. Dr. Walt Peschel, …
$1.5 Million Settlement in New York City False Arrest Suit by The City of New York paid $1.5 million to settle a lawsuit brought by a man who spent nine months in jail after being falsely accused of selling Ecstasy to an undercover officer. The plaintiff, a taxi driver in …
Article • May 15, 2010
New York State Jury Awards $50,000 for False Arrest and Malicious Prosecution by A New York State jury awarded $50,000 in a lawsuit claiming false arrest and malicious prosecution. Bernard Lewis was arrested for alleged possession of stolen property. He spent approximately 24 hours in jail. Thirteen months later, prosecutors …
Article • May 15, 2010
Supreme Court of Washington Reverses Case Due to Erroneous Jury Instructions by On September 3, 2009, the Supreme Court of Washington State handed down a unanimous en banc decision holding that a defective jury instruction on the law of self defense submitted by the defense attorney requires reversal. Kenneth Kyllo, …
Greene v. City of New York, NY, Memo & Order, False Arrest Wrongful Conviction, 2010 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 1 of 12 PageID #: 600 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 2 of 12 PageID #: 601 Case 1:08-cv-00243-RJD-CLP Document 104 Filed 05/12/10 Page 3 of …
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 …
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