An inmate held after the expiration of his sentence in an Ohio correctional facility failed to show that he was entitled to damages for lost wages during his false imprisonment when his own statements showed that, when he was not incarcerated, he performed "odd jobs" for cash. He also failed to show that he was entitled to damages for emotional distress, but was awarded a certain amount of damages, including his filing fee. Thomson v. Dept. of Rehabilitation and Corrections, No. 2006-02617, 2008 Ohio Misc. Lexis 56 (Ohio Ct. of Claims).
     While an inmate was kept in the county jail over 200 days past his one-year sentence of incarceration (which was to be followed by several years of probation), there was no showing that the sheriff either directly imprisoned him beyond his sentence or was deliberately indifferent to the consequence of his inaction. The chief jailer had contacted a state probation and parole officer to determine when the prisoner should be released on probation, but received no response. Claims against the sheriff in his individual capacity were, therefore, properly rejected, while further proceedings were ordered on official capacity claims. Shorts v. Bartholomew, No. 06-5877, 2007 U.S. App. Lexis 24634 (6th Cir.).
     Jail supervisory personnel were not shown to have acted with deliberate indifference to the right of prisoners to be released when ordered by a court. Any mistakes which resulted in the plaintiffs being detained after such court orders were not the result of jail policies concerning the processing of court orders, but rather were due to "unfortunate lapses" by non-supervisory personnel, stemming from cuts in the jail's budget and staff size. West v. Tillman, No. 06-14479, 2007 U.S. App. Lexis 20329 (11th Cir.).
     Florida prisoner failed to present a valid federal civil rights claim for false imprisonment based on the fact that he was kept in custody for seven days longer than he should have, when he failed to show that either the sheriff's office or a defendant deputy had actual knowledge of documentation showing that he was entitled to release. Rodriguez v. Broward Sheriff's Office, No. 06-13171, 2007 U.S. App. Lexis 9547 (11th Cir.).
     An Ohio prisoner who was not released until five days after he was entitled to be free could not seek damages for false imprisonment from the state correctional agency when there was no proof that the Department had knowledge of a court order granting him additional credit for time previously served before he was released. Hess v. Dept. of Rehabilitation and Correction, Case No. 2004-09576, 2006 Ohio Misc. Lexis 194 (Ohio Ct. of Claims). [N/R]
     City Department of Corrections was not liable for damages for having kept an inmate in custody beyond the maximum length of his sentence. There was no showing that the extended detention was the result of an official city policy or custom. Dupree v. City of New York, No. 04CV0992, 418 F. Supp. 2d 555 (S.D.N.Y. 2006). [N/R]
     Detainee kept for six days at county detention facility after a judge ordered his release without bail failed to show that a county policy caused his prolonged incarceration or that there was a widespread pattern of such problems that the county knew about. Russell v. Hennepin County, No. 04-3922, 420 F.3d 841 (8th Cir. 2005). [2006 JB Feb]
     A twelve-hour delay in releasing a detainee after a judge determined that no bail was required on his intoxicated driving charge did not "shock the conscience," and was not caused by any official county policy or custom. Federal appeals court upholds summary judgment for county and sheriff in detainee's due process lawsuit. Lund v. Hennepin County, No. 05-1791, 2005 U.S. App. Lexis 23833 (8th Cir.). [2005 JB Dec]
     California parole agents and other defendants were immune from liability for detainee's incarceration in county jail for 25 days based on mistaken identity under state statute which provides immunity for both public agencies and employees for claims arising out of determinations as to whether to parole or release a prisoner. Perez-Torres v. State, No. B179327, 33 Cal. Rptr. 3d 227 (Cal. App. 2nd Dist. 2005). [N/R]
     Georgia county sheriffs were not entitled to qualified immunity against detainees' claim that they were kept in jail past their scheduled release dates for periods ranging from one to ten days, since it is clearly required that detainees be released within a reasonable period of time after there is no lawful basis for their continued confinement. Powell v. Barrett, No. 1:04-CV-1000, 376 F. Supp. 2d 1340 (N.D. Ga. 2005). [N/R]
     Ten hour delay in releasing a prisoner from a county detention facility after she had posted bail was insufficient to show a violation of her constitutional rights when it was not based on deliberate indifference by anyone to her right to release, but rather on mere negligence, including a problem with a new computer system in which she was allegedly "lost" for several hours. Golberg v. Hennepin County, No. 04-2756, 417 F.3d 808 (8th Cir. 2005). [2005 JB Nov]
     Florida Department of Corrections did not falsely imprison an inmate when it allegedly disregarded the language of a sentence imposed at trial providing that it was to be concurrent with a sentence imposed against him in an unrelated case. The Florida intermediate appeals court found that this language was a "nullity" because the sentence referred to arising out of the prior conviction had already been fully served, so that the Department was required, by a state statute, to run the new sentence consecutive to the sentence already served. Whipple v. Department of Corrections, No. 3D03-2877, 892 So.2d 554 (Fla. App. 3d Dist. 2005). [N/R]
     It was clearly established law that deliberately holding a prisoner in custody beyond a statutorily prescribed mandatory release date violated the prisoner's constitutional rights, so that Wisconsin Department of Corrections employees accused of keeping a prisoner incarcerated for 377 days beyond that date were not entitled to qualified immunity. Allen v. Guerrero, No. 03-1356, 688 N.W.2d 673 (Wis. App. 2004). [N/R]
     Five correctional employees allegedly responsible for continued incarceration of prisoner for 57 days after a court ordered him released were not entitled to qualified immunity from his federal civil rights lawsuit. A sixth employee, whose sole involvement was failing to investigate further when the prisoner returned from court without a required form, was granted qualified immunity by appeals court. Davis v. Hall, #02-3923 2004 U.S. App. Lexis 14385 (8th Cir.). [2004 JB Sep]
     U.S. Supreme Court rules that foreign nationals detained in Guantanamo Bay, Cuba, captured in Afghanistan hostilities, have a right to access to U.S. courts to challenge the legality of their detention, and that U.S. citizen detained as an "enemy combatant" for allegedly fighting against the U.S. in Afghanistan, also had a due process right to access to a "neutral decision maker" to challenge the factual basis for his detention. In a third case involving a U.S. citizen detained as an "enemy combatant" on U.S. soil for alleged involvement in terrorist conspiracy, Court does not reach ultimate issues because of procedural defects in court filing. Rasul v. Bush, No. 03-334, 2004 U.S. Lexis 4760; Hamdi v. Rumsfeld, No. 03-6696, 2004 U.S. Lexis 4761; Rumsfeld v. Padilla, No. 03-1027, 2004 U.S. Lexis 4759. [2004 JB Aug]
     County sheriff was not entitled to summary judgment in lawsuit seeking damages for continued detention of arrestee after release notice was allegedly received, based on factual disputes about when the notice was actually received and whether there was deliberate indifference to the plaintiff's right to release from incarceration at that time. Green v. Baca, 306 F. Supp. 2d 903 (C.D. Cal. 2004). [N/R]
     Statute of limitations on former federal prisoner's claim against the U.S. government under the Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 1346, 2671 et seq., for negligence in miscalculating his release date began to run when he obtained habeas relief from his continued incarceration, rather than on the date that the miscalculation was allegedly made. Federal appeals court overturns dismissal of lawsuit as time-barred. Erlin v. U.S., No. 00-16986, 364 F.3d 1127 (9th Cir. 2004). [N/R]
     Federal jury awards $750,000 to man incarcerated for 15 days after misidentified as person sought in outstanding warrant. Sheriff's department argued, in defense, that there was no duty for it to have a procedure in place to investigate a detainee's claim that he was not the suspect sought in a warrant. Hernandez v. Sheahan, No. 99C-6441, U.S. District Ct., N.D. Ill, Nov. 25, 2003, reported in the Chicago Daily Law Bulletin, p. 25, February 20, 2004. [N/R]
     Prisoner who claimed that his sentence had been miscalculated, resulting in him being held beyond his proper release date, could not seek damages following his release when he had failed to previously have his sentence set aside. The fact that, after his release, habeas action to challenge the constitutionality of his sentence was no longer available did not alter the result. Mitchell v. Dept. of Corrections, 272 F. Supp. 2d 464 (M.D. Pa. 2003). [2003 JB Dec]
     New York Department of Correctional Services was not barred from extending a prisoner's sentence based on a prior error in calculating his tentative conditional release date. The Department had a "continuing, non-discretionary, ministerial duty" to make accurate calculations of terms of imprisonment, a duty that "requires it to correct known errors." Maguire v. New York State Division of Parole, 757 N.Y.S.2d 391 (A.D. 2003). [N/R]
     There was a material issue of fact as to whether a classification officer and an assistant warden acted with deliberate indifference to the issue of whether a prisoner was being kept confined beyond the expiration of his sentence, violating his constitutional right to a timely release from prison, after prisoner filed a grievance allegedly informing them of the correct commencement date of his sentence. McCurry v. Moore, 242 F. Supp. 2d 1167 (N.D. Fla. 2002). [N/R]
     When trial court's order dismissed most of prisoner's claims against county employees for allegedly keeping him incarcerated beyond his sentence, but failed to dispose of his claims against one employee, the order was not a final judgment and therefore was not yet appealable by the prisoner. Eubanks v. McCollum, #2000758, 828 So. 2nd 935 (Ala. Civ. App. 2002).[N/R]
     County's failure to promptly investigate detainees' claims that they were not the persons sought by arrest warrants would violate a duty under Washington state law. Such violations, standing alone, are not a basis for federal civil rights claims, Stalter v. State of Washington, #27118-4-II, 227351-9-II, 51 P.3d 837 (Wash. App. 2002). [2002 JB Dec]
     Correctional employee was entitled to qualified immunity for keeping prisoner in custody one day longer than he otherwise would have been released, based on a verbal representation that there was an outstanding warrant for his arrest in another jurisdiction. Wilson v. Zellner, 200 F. Supp. 2d 1356 (M.D. Fla. 2002). [2002 JB Oct]
     Prisoner's claim contending that seventy days were unlawfully added to his Missouri state court sentence involved only interpretations of state law and therefore could not be pursued as a federal civil rights lawsuit under 42 U.S.C. Sec. 1983. Donaldson v. Purkett, #01-3262, 33 Fed. Appx. 233, 2002 U.S. App. Lexis 7393, 2002 WL 655549. (8th Cir.). [N/R]
     Continued confinement of prisoner for a longer period of time than that stated in his sentence did not result in liability of county for false imprisonment and federal civil rights violation when the order specifying the date of the end of his work release program, violation of which resulted in his reincarceration, was a "facially valid order" of a court with proper jurisdiction. Holmberg v. County of Albany, 738 N.Y.S.2d 701 (A.D. 2002). [2002 JB Jun]
     State Department of Corrections was required to honor court accepted plea agreements with prisoners and sentencing court's imposed sentences, and could not unilaterally modify those sentences based on its own determination, for instance, that such sentences violated a state statute concerning when prisoners were entitled to concurrent rather than consecutive sentences. Correctional officials usurped judicial power by doing so. Prisoner's due process rights, however, were not violated, as they had no right to sentences which violated state statutes, and those sentences "must be vacated." Hamilton v. Freeman, No. COA00-1470, 554 S.E.2d 856 (N.C. App. 2001). [N/R]
     Mentally disabled former prisoner and his mother stated a claim against city and county for failure to adequately train their employees in case where improper identification of him as a fugitive sought in a warrant from another state allegedly led to his extradition and two-year imprisonment. Lee v. County of Los Angeles, #98-55807, 240 F.3d 754 (9th Cir. 2001). [N/R]
     Prisoner could not assert a claim for damages caused by his incarceration when his criminal conviction had not been set aside. Sims v. Marnocha, No. 3:00-CV-0736, 159 F. Supp. 2d 1133 (N.D. Ind. 2001), citing Heck v. Humphrey, 512 U.S. 477 (1994). [N/R]
     Arrestee kept in county jail for twenty-seven days while waiting for a court-ordered psychological evaluation which was never performed could not recover damages against the county for false imprisonment under Florida state law. Summary judgment was denied, however, on federal constitutional due process claim. Card v. Miami-Dade County, Florida, 147 F. Supp. 2d 1334 (S.D. Fla. 2001). [N/R]
     297:132 Federal appeals court rules that Los Angeles County sheriff's department, in checking records to determine when prisoners are to be released, acts on behalf of the county whose jails it administers, and not as an "arm of the state," and therefore is not entitled to Eleventh Amendment immunity in lawsuit by former prisoners claiming that they were improperly detained for longer time periods. Streit v. County of Los Angeles, #99-55897, 236 F.3d 552 (9th Cir. 2001).
     294:85 NY officials reach $3.25 million settlement in lawsuit over mistaken two-year imprisonment of mentally ill homeless man extradited to the state after being misidentified as a fugitive drug dealer. Sanders v. N.Y. Depart. of Corrections, No. 97 Civ. 7112 (DAB), U.S. Dist. Ct. (S.D.N.Y. April 12, 2001), reported in The New York Times, National Edition, p. A14 (April 13, 2001).
     293:71 Former Texas prisoner, who claimed he was incarcerated for nine-months after the proper termination of his sentence, could not seek money damages in federal civil rights lawsuit when his conviction and sentence were not previously set aside; fact that he could no longer seek federal habeas relief, since he was no longer in custody, did not alter the result. Randell v. Johnson, No. 99- 11092, 227 F.3d 300 (5th Cir. 2000).
     EDITOR'S NOTE: In reaching this result, the court disagreed with three other federal appeals circuits which have ruled that Heck's rule requiring the favorable termination of prior court proceedings concerning the plaintiff's conviction or sentence should be relaxed for plaintiffs who have no procedural vehicle to challenge their conviction. See Jenkins v. Haubert, #98-2408, 179 F.3d 19 (2d Cir. 1999); Shamaeizadeh v. Cunigan, #98-5451, 182 F.3d 391 (6th Cir.), cert. denied, 120 S. Ct. 531 (1999); and Carr v. O'Leary, #96-3885, 167 F.3d 1124 (7th Cir. 1999). Two other federal appeals circuits have adopted the same rule. See Cabrera v. City of Huntington Park, #96-55258, 159 F.3d 374 (9th Cir. 1998), and Figueroa v. Rivera, #97- 2252, 147 F.3d 77 (1st Cir. 1998).
     295:99 Existence of state law remedies for false imprisonment did not bar prisoner's federal civil rights claim that his Fourth and Eighth Amendment rights were violated when he was allegedly held in custody for 90 days beyond his scheduled release date; two year Kansas statute of limitations rather than one-year statute applied to federal
     claim. Gragg v. McKune, No. 84,354, 16 P.3d 311 (Kan. App. 2000).
     289:5 Mississippi man mistakenly kept in county jail for ten months after city charges against him were dismissed awarded $36,200 against city; county sheriff and deputy sheriff were not liable when they never received notice that city charges were resolved. Jones v. City of Jackson, 396-CV-510-LN, U.S. 5 (S.D. Miss.), reported in The National Law Journal, p. A14 (Oct. 30, 2000).
     EDITOR'S NOTE: In another recent case, a prisoner in Ohio who wound up spending an extra 13 months in a state penitentiary after his 3-1/2 sentence expired reached a $25,000 settlement from the state. Carter v. Ohio, settlement reported in The Cleveland, Oh Plain Dealer, August 31, 2000. This was reportedly the largest the state had ever paid in such a case, with the prior record being an award of $16,106 paid to a prisoner named Corder in Hamilton County, Ohio in 1994 for 149 days of illegal confinement.
     243:40 $5.85 million settlement in class action suit brought by prisoners detained in county jail for longer than ten hours after judges ordered their release. Watson v. Sheahan, No. 94 C- 6891, U.S. Dist. Ct., N.D.Ill, reported in Chicago Sun Times, p. 3 (Nov. 27, 1996).
     219:38 Prisoner could recover for false imprisonment if correctional officials kept him confined beyond the date of completion of his sentence without "intervening justification." Corder v. Ohio Dept. of Rehab. & Corr., 94 Ohio App. 3d 315, 640 N.E.2d 879 (1994).
     Failure to release inmate after court order suspending his sentence became final deprived him of due process; prison officials were not entitled to qualified immunity in suit seeking damages; reliance on advice of counsel did not alter result. Slone v. Herman, 983 F.2d 107 (8th Cir. 1993).