wrongful-incarceration

7 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7423 Glenn Francis v. Thomas Scarantino, Warden, et al. Eleventh Circuit 2024-05-08 Denied Response WaivedIFP civil-rights immunity immunity-doctrine jury-trial probable-cause punitive-damages writ-of-certiorari wrongful-incarceration Can you deny me a jury trial for civil rights violations and wrongful incarceration and punitive damages based only on immunity of defendants
23-104 Granville S. Watson v. Connecticut, et al. Second Circuit 2023-08-03 Denied 18-usc-242 civil-rights constitutional-rights criminal-procedure discretionary-function-exception federal-tort-claims-act fraudulent-concealment sovereign-immunity wrongful-incarceration When is it appropriate to seek compensation for wrongful incarceration?
20-5549 Javier Lopez-Garcia v. United States Fifth Circuit 2020-09-01 Denied Response WaivedIFP appellate-review credibility-determination credibility-determinations fact-finding factual-issues federal-sentencing judicial-standard precedent reasonableness-review standard-of-review wrongful-incarceration Whether review for reasonableness in federal sentencing requires a separate, more deferential, standard of review for credibility determinations than …
19-756 Louis Taylor v. Pima County, Arizona, et al. Ninth Circuit 2019-12-12 Denied Amici (4) civil-procedure civil-rights civil-rights-damages due-process habeas-corpus heck-doctrine plea-bargaining prosecutorial-misconduct wrongful-imprisonment wrongful-incarceration Whether Heck applies to a former prisoner who lacked an opportunity to challenge his conviction through federal habeas while incarcerated
18-8431 David Kelly Brewster v. Florida Florida 2019-03-14 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof compensation constitutional-rights due-process equal-protection fourteenth-amendment legal-precedent restitution wrongful-incarceration Whether the Victims of Wrongful Incarceration Compensation Act, §961.03, Fla. Stat. is unconstitutional as a violation of due process and equal protec…
18-931 David Christopher Hesse v. Jason Kane Howell Texas 2019-01-17 Denied Response Waived 42-usc-1983 abuse-of-process civil-rights civil-rights-violation color-of-law due-process false-arrest legal-procedure prosecutorial-immunity state-law-immunity texas-civil-practices-and-remedies-code wrongful-incarceration Are acting as a witness by swearing to facts, abusing process and committing crimes, acts that are foreign to the duties of a prosecutor? If so, is th…
18-818 Hubert Thompson v. James C. Rovella, Chief of Police, City of Hartford, Connecticut, et al. Second Circuit 2018-12-27 Denied Response Waived civil-procedure civil-rights compensation due-process equitable-tolling prosecutorial-discretion prosecutorial-misconduct statutory-interpretation wrongful-incarceration Whether the statutory requirement for compensation for wrongful incarceration equitably tolled the petitioner's civil rights claims