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Old 05-20-2020, 05:55 PM   #1
Charlie B
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Default Incarceration

I was incarcerated for seventeen days past my maximum release date because my county kept sending the wrong information to the Ga doc. Do I have any recourse?
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Old 05-21-2020, 05:19 PM   #2
AFFA
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Default Re: Incarceration

I wish to inform you that if prison authorities ignore a court order to release a prisoner, the illegally detained persons can sue the state or federal agency or prison that held them too long in jail. You may file a lawsuit and claim compensation. You may contact an attorney and seek guidance in the matter.

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Old 05-25-2020, 11:12 AM   #3
Charlie B
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Quote:
Originally Posted by AFFA View Post
I wish to inform you that if prison authorities ignore a court order to release a prisoner, the illegally detained persons can sue the state or federal agency or prison that held them too long in jail. You may file a lawsuit and claim compensation. You may contact an attorney and seek guidance in the matter.

AFF
thank you for responding. I didn't receive a notification that you had responded.
I don't have any money. I was going to pursue this myself in small claims court. I have the paperwork proving I was sending letters telling them of the error and they messed it up several times. Can you give me any guidance on case law, or maybe a lawyer who would take it on percentage?
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Old 05-25-2020, 11:55 AM   #4
Mack10
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Default Re: Incarceration

Such suits sometimes can't be filed in small claims unfortunately.
You might try clicking "Contact Us" at the bottom of the page and see if the staff there could have somebody briefly look at it for you.
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Old 05-27-2020, 06:01 AM   #5
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Default Re: Incarceration

Not sure about GA but my cousin sued in CA and was awarded 1500 dollars.
For three days of "overdetention"
So it can occur...don't easily give up!

___


Common legal theories raised in California over-detention cases often include:

Wrongful detention in violation of the California Constitution and Civil Code section 52.3;
Deprivation of federal civil rights under 42 U.S.C. 1983;
False imprisonment; and/or
Negligent breach of a mandatory duty under Government Code 815.6 (for instance, the duty to release a prisoner from jail when a case is dismissed, Penal Code 1384).
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Old 05-27-2020, 12:42 PM   #6
olive
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Default Re: Incarceration

Quote:
Originally Posted by Charlie B View Post
I was incarcerated for seventeen days past my maximum release date because my county kept sending the wrong information to the Ga doc. Do I have any recourse?
It won't be easy.
You would have to show it was real and true negligence or malice.
Administrative errors in good faith are hard to sue for when the government is involved.
They have significant immunity.
But it's worth investigating.
Talk to a few local Personal Injury lawyers as well.
And your lawyer that helped in the case, or public defender.
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Old Today, 01:55 PM   #7
Mother Goodness
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Default Re: Incarceration

Also, as in most US states, there are deadlines for giving notice to the state of GA FIRST so don't hesitate if you are going to pursue it.
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