Billy Julian was wrongfully prosecuted and convicted as a result of police fabrication of inculpatory evidence against him (including coercing/threatening witnesses to testify falsely against him) and withholding of exculpatory evidence. Julian was imprisoned for over 3 years after wrongful conviction, then conviction was vacated after post-conviction court found Brady violations. Charges remained pending for an additional 4 years until they were finally dismissed.
Three plaintiffs brought consolidated cases against a Lowell detective and the City of Lowell. In 2012, informants planted drugs in the plaintiffs’ cars. Plaintiffs were falsely charged with trafficking in cocaine; charges pended for over 1 year, over 6 months, and over 5 months (w/ 3.5 months in custody). They faced mandatory minimums of 3, 2, and 8 years. All charges were dismissed due to revelation of the informants’ misconduct. The detective knew his informants were not trustworthy.
Inmate wrote mother complaining that Sgt. filed “bullsht” infractions. Mail room opened letter (correct), laughed and forwarded copy to Sgt. Sgt was furious and gave inmate 10 days cell-confinement. Inmate grieved and coordinator denied action was error, then admitted during grievance appeal that rules did not permit mailroom personnel sharing letter with custody. Court dismissed Monell but found 1st violation (“egregious” was the term judge used.
In custody death due to alleged positional asphyxia resulting from several officers dog-piling on top of a prone suspect.
Plaintiff, Gerald Wilcox, 43, was arrested in his home in a quiet Detroit suburb by two Detroit Police Dep’t. officers looking for a Gerald Wilcox in his 20s who robbed a Family Dollar store in Detroit the previous day. The warrantless arrest, without consent or exigent circumstances, occurred in front of Wilcox’s wife and teenge son. Wilcox spent 15 days in the county jail before the Officer-in-Charge admitted that he learned the night of the arrest that the plaintiff was the wrong person. Charges were dismissed 6 weeks after the arrest when an eyewitness told the prosecutor that Mr.
Sidney Gurley, 46 African American inmate at Gus Harrison, died of peritonitis from an undiagnosed appendicitis. Sidney reported, on multiple ocassions, abdominal events. Kited, but not seen by healthcare until day before his death. Even then, he was misdiagnosed as suffering urinary tract infection. Officers ignored obvious signs of illness and other inmates complaints on behalf of Sidney. Of course, officers reported during rounds they checked for breathing and signs of life, even up to the point of rigors. Also settled for confidential amount with attending physician assistant.
The City of Madison and its insurance company have agreed to pay $2.3 million to settle the civil rights claims of the family of Paul Heenan, the thirty-year old musician and recording engineer who was shot and killed by Madison Police Officer Stephen Heimsness, on November 9, 2012, after he mistook a neighbor’s Baldwin Street house for the one he had moved into a week earlier, prompting a 911 call.
The Settlement Agreement covering the Baltimore City Detention Center was negotiated long after a previous Consent Decree had been entered and administratively closed. The settlement is comprehensive as to medical and mental health care, with some general physical plant provisions. The fees may also cover up to $100,000 in fees for formal post-settlement enforcement activities. Previous phases of the case prior to the old Consent Decree go as far back as 1965.
A 77-year-old retired psychologist with no criminal record, 5 feet 2 inches tall, 140 pounds, was falsely arrested, and injured by jail guards during book-in after expressing annoyance and confusion when denied access to his attorney’s phone number. One guard grabbed plaintiff’s left arm; a larger guard lunged suddenly from a side room, grabbed plaintiff’s arm and pulled it behind plaintiff’s back and upward, and slammed his left forearm behind plaintiff’s neck. This arm-bar maneuver caused a massive full-thickness rotator cuff tear of plaintiff’s right shoulder.