Re: [npap] damages in excessive detention cases

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Subject: Re: [npap] damages in excessive detention cases
From: Marianne Dugan <mdugan@mdugan.com>
Date: Thu, 08 May 2008 11:56:46 -0700
To: jsolson@scofflaw.com
CC: npap@nationallawyersguild.org
At 06:56 PM 5/7/2008, you wrote:
PLN's website has a bunch of stuff on this already. If you have anything we
don't have online already send it along and I am happy to put it in.
Here are some (with 2006 inflation adjustments) -Benson v. Oregon, 196 Or App 211, 100 P3d 1097 (2004) - $106,500.00 - 43
days ($2476 per day; over $2600 adjusted for inflation)
Oviatt v. Pierce, 954 F.2d 1470 (9th Cir. 1992) -- verdict of $65,000 for
114 days of wrongful incarceration without arraignment ($570 per day; $860 adjusted for
inflation); no indication plaintiff had been exonerated of charges
Pitt v. District of Columbia, U.S. Dist. Ct., D.D.C., No. 01-CV-2225
(Aug. 22, 2003) – the jury awarded $153,000 to a man detained wrongfully for 11 days
($13,909 per day; over to $15,000 adjusted for inflation)
Toney-El v. Franzen, 777 F.2d 1224 (7th Cir. 1985) -- verdict of $40,000
for 306 days of incarceration beyond release date ($131 per day; $240 adjusted for
inflation) (court reversed on non-relevant grounds -- holding that there is no
substantive due process right to an early release from prison; procedural due process
procedures provided were adequate)
Smiddy v. Varney, 803 F.2d 1469 (9th Cir. 1986) -- verdict of $250,000
for four days of wrongful incarceration ($62,500 per day -- court "reluctantly" remanded
for remittitur of damages)
Webb v. Sloan, 330 F.3d 1158 (9th Cir. 2003) -- verdict of $80,000 for 19
days of wrongful incarceration ($4211 per day; $4600 adj. for inflation)
Sevigny v. Dicksey, 846 F.2d 953 (4th Cir. 1988) -- verdict of
$112,000.00 in compensatory and $21,000.00 in punitive damages; plaintiff held for two or
three hours and forced to undergo state investigation regarding parental fitness
Jones v. City of Chicago, 856 F.2d 985 (7th Cir. 1988) -- verdict of
$801,000 for one month of wrongful incarceration ($26,700 per day; $45,000 adj. for
inflation)
Goodwin v. Metts, 885 F.2d 157 (4th Cir. 1989) -- verdicts of $60,000 and
$90,000 for two men; out-of-pocket expenses were $3500; length of incarceration not clear
but plaintiffs "were not incarcerated during the pendency of the criminal charges but
were freed on bond immediately after booking and remained free throughout the grand jury
proceedings and trial"; thus it appears that it was only a day or two for each
Allen v. District of Columbia, 27 ATLA L. Rep. 269 (D.C. Sup. Ct. No.
2225-81, Jan. 26, 1984) -- verdict of $250,000 for four hours of questioning at jail
Hibma v. Odegaard, 769 F.2d 1147 (7th Cir. 1985) -- verdict of $166,500
for 366 days of wrongful incarceration ($455 per day; $845 adj. for inflation)
I settled a case in 2002 in which my client was wrongfully incarcerated
for four days without arraignment. We settled for $5000 ($1250 per day; $1400 adj. for
inflation)
I settled another case in 2002 in which my client was wrongfully
incarcerated for three days. We settled for $4500 ($1500 per day; $1680 adj. for
inflation)

5/8/2008 3:36 PM

Re: [npap] damages in excessive detention cases

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I settled another case in 2004 regarding 160 days of wrongful
incarceration (legal malpractice, extensive criminal history) - $15,000 (approx. $95 per
day)
Verdicts and settlements for other miscellaneous wrongful police detention –
Fee v. Michael, City of Salem, Oregon State Police, Marion Co. No.
89C-10257 – Jury verdict May 21, 1990 – Police had warrant with insufficient
particularity, leading them to search the wrong house; broke down door, pointed guns, and
searched for 20 minutes – Verdict for $27,500 per plaintiff, plus attorney fees; $44,000
adj. for inflation (PER plaintiff)
Hunter v. City of Portland – D. Or. 92-1646 JO - jury verdict July 27,
1993 – Street encounter in North Portland without probable cause; unemployed plf refused
to consent to search; police handcuffed, searched his pockets, and put in police car
while checking for warrants, then let him go – $10,000 on state law claims; for defendant
on federal claims ($14,700 adj. for inflation)
Piper and Dickenson v. Magana and City of Eugene, D. Or. 04-6100-HO –
settlement 2004 - $11,250 to each plaintiff for invasion of their home and approximately
one hour wrongful detention and search ($11,900 adj. for inflation)
Moore and Ross v. City of Eugene, Lane Co. 16-95-10542 and 16-95-10543; jury
verdict September 11, 1996 – 16 year olds stopped at gunpoint by police while riding
bikes to track practice, accused of bank robbery; one of them handcuffed; detention
lasted 14 minutes. $10,000 for each plaintiff on state law claims; for defendant on
federal law ($13,400 adj. for inflation).

Paul Wright, Editor
Prison Legal News
P.O. Box 2420
West Brattleboro, VT 05303
802-257-1342
pwright@prisonlegalnews.org
www.prisonlegalnews.org
Seattle Office:
Prison Legal News
2400 NW 80th St. # 148
Seattle, WA 98117
206-246-1022
-----Original Message----From: Jennifer Tobin [mailto:jtobin@pailp.org]
Sent: Wednesday, May 07, 2008 5:20 PM
To: pwright@prisonlegalnews.org
Cc: npap@nationallawyersguild.org
Subject: [npap] damages in excessive detention cases
Dear colleagues,

I am seeking suggestions on damages calculations in an excessive detention
case bringing § 1983 8th and 14th amendment claims. My client was detained
a year and 2 months beyond his max release date. In 1989, the Third Circuit
found that $20.00/ day was the value of a day spent wrongfully incarcerated
in Sample v. Diecks.. I think this is an excessively low number.

I’d appreciate any suggestions on amounts, supporting law, or methods of
calculating this type of damages. Any circuit will do.

5/8/2008 3:36 PM

Re: [npap] damages in excessive detention cases

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Thanks much,
Jennifer Tobin

******************************************
Jennifer J. Tobin
Staff Attorney
Pennsylvania Institutional Law Project
718 Arch Street, Suite 304 South
Philadelphia, PA 19106
t: 215. 925. 2966
f: 215. 925. 5337

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Marianne Dugan, Attorney at law
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5/8/2008 3:36 PM

Re: [npap] damages in excessive detention cases

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5/8/2008 3:36 PM