Civil Liability for Wrongful Detention of Detainees and Prisoners [Part 1 and 2]
| Cataloged on:
Jan. 17, 2013
ANNOTATION: 'The very essence of what jails and prisons do is keep detainees and prisoners in custody. Individuals are booked into such facilities on the basis of arrests, court orders, or judicial sentences. In some instances, however, detainees or prisoners claim that they are being held on the basis of mistaken identity, unlawfully beyond the term of their authorized sentence, past the date of a court ordered release, or on the basis of a miscalculation of the amount of time they have left to serve. In such instances, they may bring lawsuits for money damages against agencies, officials or employees, under either federal or state law or both. This two-part article briefly examples some of the court decisions examining the circumstances in which such damages can be awarded and the defenses that may be asserted by various entities and individuals to such claims. It largely focuses on liability under federal civil rights law, specifically 42 U.S.C. Sec. 1983, while acknowledging that many states do authorize state remedies, some of which may be statutory, for false imprisonment' (p. 301-302). This article is divided into two parts: Part 1'introduction, mistaken identity, miscalculation of sentence, mistake of law, personal involvement or knowledge, and qualified immunity; Part 2'official policy or custom, Eleventh Amendment immunity, damage calculations, negligence, state law and federal claims, and 'favorable termination' requirement of Heck v. Humphrey.