Re: [npap] What is each incarcerated day worth?

1 of 4

Subject: Re: [npap] What is each incarcerated day worth?
From: Marianne Dugan <mdugan@mdugan.com>
Date: Wed, 01 Jun 2011 10:42:05 -0700
To: jsolson@scofflaw.com
CC: ŶƉĂƉΛ ŶĂƟŽŶĂůůĂǁ LJĞƌƐŐƵŝůĚ͘ ŽƌŐ
Here are some jury verdicts and settlements for wrongful and excess incarceration (with
amounts adjusted for inflation to December 2009). They are focused on Oregon but
include some outside of Oregon.
[for inflation see http://data.bls.gov/PDQ/outside.jsp?survey=cu]
MY CASES:
Haga v. City of Florence, et al., D. Or. No. 02-CV-6012-TC -- 2002 -- my client
was wrongfully incarcerated for four days without arraignment. We settled for $5000
($1250 per day; about $1500 adj. for inflation)
Griffith v. Deschutes County -- 2002 -- my client was wrongfully incarcerated
for three days. We settled for $4500 ($1800 per day; $2124 adj. for inflation)
Wilcox v. Reid -- 2004 -- legal malpractice (double jeopardy not argued) -- settled for
$50,000 -- 1310 days wrongfully incarcerated
Dahl v. Reid -- 2004 -- 160 days of wrongful incarceration (legal malpractice,
extensive criminal history) - $15,000 (approx. $95 per day, $107 per day adjusted for
inflation)
Chlanda v. Lane County -- 2003 -- settled for $5500 - wrongful incarceration
for less than a day -- mistaken identity ($6380 adj. for inflation)
Margolin v. EPD, Woodsum, Lane Co. D.A., D. Or. No. 07-6003-HO -- 2007 -settled for $13,500 for a woman who was unlawfully detained in her home for a couple of
hours. (About $14,000 adj. for inflation)
Knight v. Sutherlin and Douglas County -- Settled 2010 for $22,500 for a man
who was mistakenly arrested and extradited because his name was similar to an alias of
a suspect; held seven days and transported from Washington state to Oregon
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 ($12,700 for each plaintiff, adj.
for inflation)
Hudson et al. v. City of Salem et al., D. Or. No. 07-226-ST - 2009 - $163,000
settlement for all claims - removal of baby from home, excessive force (handcuffs), one
week? jail
Wheeler v. City of Springfield -- $5000 settlement 2003 -- after her car was stolen and
then recovered she was mistakenly stopped and made to lie on the ground, suspected of
stealing her own car
Farrell Tippetts v. Oregon Dept of Corrections and Douglas County - $6000 settlement
2004 - -- error in calculating prison release date -- held for 34 days longer than he
should have been held.

6/2/2011 11:55 AM

Re: [npap] What is each incarcerated day worth?

2 of 4

OTHER PEOPLE'S CASES -Benson v. Oregon, 196 Or App 211, 100 P3d 1097 (2004) - $106,500.00 - 43 days ($2476
per day; about $2800 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; no indication plaintiff had been exonerated
of charges ($570 per day; about $878 adjusted for inflation)
Smiddy v. Varney, 803 F.2d 1469 (9th Cir. 1986) -- verdict of $250,000 for four days of
wrongful incarceration ($62,500 per day; about $123,750 adjusted for inflation -- 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; $4885 adj. for inflation)
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; $45,650 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 ($15,000 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 ($13,900 per plaintiff adj. for inflation).
Hammick v. City of Portland, Mult. Co. No. 080709735 -- 9/28/09 - jury verdict
for $175,000 ($55,000 per plaintiff)- three plaintiffs - encounter with police at a
downtown parking garage in which the men were detailed for a period of time. No time
in jail.
Robinson v. Multnomah Co, D Or No. 08-CU-821-HU - State of Or & Mult Co paid
former detainee $30,000 to settle illegal detention claims. Mult. Co. Jail failed to
bring him to trial within 60 days as required by law, charges were dismissed; he was
entitled to immediate release but was confined 90 more days before he was released.
Settled 10/29/08 -- $333 per day
Davage and Monroe v. City of Eugene et al., D. Or. 04-cv-06321-HO -- after malpractice
screwed the case up badly, they settled for $92,000 in 2009 -- tank raid of house; no
charges brought; officers pointed firearms at plaintiffs; one officer grabbed female
plantiff while she was in night clothes and threw her to the ground where she hit her
head on metal doorsill, another stepped on her neck and back, roughly yanked her arms
behind her and tightly bound her hands behind her back with a plastic binder; officer
violently yanked her up to her feet by her arm and began to drag her through the door,
while officers continued to point guns directly at her; she was detained with a black
hood over her head and with wrists tightly bound.
Clay (mentioned at Portland civil rights round table 2007) - client with 110
days too many served - scumbag with lots of imprisonment, v. ODOC - 60 years old, no
job - $14,000 (14,420 adj. for inflation)

6/2/2011 11:55 AM

Re: [npap] What is each incarcerated day worth?

3 of 4

At 09:27 AM 6/1/2011, Matthew D. Brinckerhoff wrote:
Apart from assigning a value for (1) the economic losses from client's lost job and
apartment, and (2) the emotional pain and suffering she suffered as a result of (i)
losing her job and apartment, (ii) being unable to care for her mother, and (iii)
being wrongfully incarcerated -- all of which could be fairly significant -- my
favorite case attempting to quantify a number per day for loss of liberty alone came
up with $10k per day, see attached.
Matthew D. Brinckerhoff
Emery Celli Brinckerhoff & Abady LLP
75 Rockefeller Plaza, 20th Floor
New York, NY 10019
Tel: (212) 763-5000
Fax: (212) 763-5001
mbrinck@ecbalaw.com
www.ecbalaw.com
This electronic message transmission contains information from the law firm of Emery
Celli Brinckerhoff & Abady LLP which may be confidential or privileged. The
information is intended to be for the use of the individual or entity named above.
If you are not the intended recipient, be aware that any disclosure, copying,
distribution, or use of the contents of this information is prohibited. If you have
received this electronic transmission in error, please notify us by telephone
(212-763-5000) or by electronic mail (mbrinck@ecbalaw.com) immediately.
---------From: Henry Brewster [mailto:hbrewster@brewsterlaw.net]
Sent: Wednesday, June 01, 2011 12:14 PM
To: Matthew D. Brinckerhoff
Cc: npap@nationallawyersguild.org
Subject: [npap] What is each incarcerated day worth?
Insurance carrier wants to settle a wrongful detention case. Client spent 111 days
in county jail after a drug testing company (on contract with the county) first
found a false positive, and then after correcting that found a different false
positive and failed to alert client so she could challenge it. Client is no Nobel
Prize winner but she lost her job, apartment, and her ailing mother had to go
without her care. Suggestions on what a day of incarceration is worth. I figured I
would come up with a per diem and then multiply time 111 days. Suggestions?

Henry Brewster
HENRY BREWSTER, LLC
205 N. Conception Street
Mobile, AL 36603
Phone: (251) 338-0630
Fax: (251) 338-0632
Toll Free: (877) 257-4936

6/2/2011 11:55 AM

Re: [npap] What is each incarcerated day worth?

4 of 4

<mailto:hbrewster@brewsterlaw.net>hbrewster@brewsterlaw.net

The information contained in this email message is intended only for the personal
and confidential use of the recipient(s) named above. This email message is legally
privileged and is protected further by the Electronic Communications Privacy Act, 18
U.S.C. Sec. 2501-2521. Unauthorized review, use, disclosure or distribution is
strictly prohibited. If you are not the intended recipient, please contact the
sender at the telephone number listed above or by reply email and destroy all copies
of the original message.

_________________________________________________________________
To unsubscribe or modify your subscription options, please visit:
http://lists.nationallawyersguild.org/mailman/options/npap/mdugan%40mdugan.com
NOTICE: This and any attached documents are intended only for the use of the person to
whom this is addressed and may contain information that is privileged, confidential, or
work product and exempt from disclosure under applicable law. If you are not the
intended recipient, any use, dissemination, distribution, or copying of this
communication is strictly prohibited, and you are hereby requested to phone the sender
immediately about the error, delete this message and attached documents, and destroy
any printed copies.
Marianne Dugan, Attorney at law
"Nothing is more fairly distributed than common sense: no one thinks he needs more of
it than he already has." -- René Descartes, born on March 31, 1596
mdugan@mdugan.com
[IF YOU GET ERROR MESSAGES USING THE ABOVE EMAIL ADDRESS - PLEASE USE
mariannedugan@yahoo.com -- AND SEND ME THE ERROR MESSAGE. Please be aware I do not
check the Yahoo account very regularly]
259 E. 5th Ave., Suite 200-D
Eugene, OR 97401
541-338-7072
fax 866-650-5213
mdugan@mdugan.com
website http://www.mdugan.com
Handling cases involving federal environmental law, police misconduct, employment
rights, property disputes (focus on easements and boundary disputes), and professional
malpractice.
_________________________________________________________________
To unsubscribe or modify your subscription options, please visit:
http://lists.nationallawyersguild.org/mailman/options/npap/jsolson%40scofflaw.com

6/2/2011 11:55 AM