Wrongful Convictions and Imprisonment

Individuals who are wrongfully detained or imprisoned due to mistakes made within the court administrative process itself, or held in detention without due process or a hearing, or later released due to a wrongful conviction, may have a civil remedy for their harms. Pursuing individual claims for such harms has the added benefit of promoting substantive reform essential to the just operation of the criminal justice system.

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Brooks v. Marion County Sheriff Federal lawsuit challenging the imprisonment of a woman who was arrested and held 4 days on a non-criminal failure to appear warrant for a hearing of which she had no notice. A series of court and jail errors delayed her release from jail, during which time she was subjected to strip searches and was unable to care for her elderly, dependent mother. Case settled on her behalf in 2011.

Hill v. Marion County Sheriff and Marion County Clerk Tort claim against Marion County Sheriff and Court for a court staff error that caused a 71 year-old man to become the subject of a mistaken arrest warrant. He was arrested and taken to the Arrestee Processing Center before the error was discovered and he was released. Resolved in claimant’s favor in 2011.

Carson v. Marion County Sheriff Federal lawsuit challenging the imprisonment of a mother of three young children who was arrested on a non-criminal bench warrant that she had previously satisfied that had not been recalled, and then was subjected to imprisonment when the Arrestee Processing Center transferred her to jail without judicial determination. Settlement for our client was achieved in 2009. The Marion Superior Court adopted changes to its administrative procedures that have helped ensure that individuals are not wrongfully held due to errors recalling civil bench warrants.

Thompson v. Marion County Sheriff Federal lawsuit challenging the imprisonment of small business owner who was held for five days in Marion County Jail after being improperly transferred by the Arrestee Processing Center without judicial determination stemming from two year-old non-criminal bench warrant. Settlement for our client achieved in 2009. The issues raised in this and a companion case prompted the Marion Superior Court to require additional notification before issuing bench warrants. The court also purged 4,100 non-criminal bench warrants in January 2009.

Watkins v. Hancock County Sheriff Civil lawsuit brought by man falsely prosecuted for murder when police officers withheld evidence supporting his innocence. Plaintiff served 14 years in prison before his release on a Writ of Habeus Corpus when he then sued for civil damages. Settlement for our client achieved in 2003.

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In considering the results described above, please be aware that each legal matter is unique. You should not rely on prior results to predict the merit or future success of similar matters.