Tuesday, April 29, 2008

Wrongfully Incarcerated Plaintiff Could Recover Damages for Personal Hardship

Lowery v. County of Riley, 2008 WL 1701682 (4/14/08) (Published) - Plaintiff sued officers for their interrogation that resulted in a coerced confession that resulted in a wrongful rape conviction that resulted in the plaintiff serving 10 years in prison until DNA evidence exonerated him. The plaintiff could not recover for the loss of familial association due to his wrongful incarceration because he could not prove the officers had an intent to interfere with that association when they violated his rights. The plaintiff could only recover for his personal hardships.