03 January 2006
Federal Wrongful Imprisonment Remedies
Suits for damages incurred as a result of a conviction of an innoncent person in the federal criminal justice system are governed by the federal court of claims (28 United States Code Section 1495) subject to a $50,000 per year limitation on damages (double in death penalty cases) and a very high burden of proof (28 United States Code Section 2513). There is nothing terribly new here (the last amendment was in October of 2004), but I stumbled upon it today while looking for something else, and I am noting it here for future reference (and for anyone out there who may have been wrongfully convicted in the federal courts with Internet access, or know someone who was, who may be interested). Also, don't try this at home. Suits against the federal government are very tricky, with many procedural traps, and require a skilled attorney to do right.
Posted 10:42 AM