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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114099
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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How much money (ball park estimate) could a person get in a

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How much money (ball park estimate) could a person get in a lawsuit for one month of unlawful imprisonment in a county jail.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In Oklahoma the maximum they can provide no matter how long someone was wrongfully held is $175,000 (see Innocence Project). For one month, generally you would be looking at $100-$300 per day of wrongful incarceration, in that area in absence of proving willful or gross negligence which may triple the amount at the most.



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Customer: replied 3 years ago.


In this case the defedant filed a grievance before the unlawful imprisonment occurred. He was in jail servicing a a 1 year sentence and he got 2 day credit for each day served for working in the jail. According to Oklahoma law for county jails he was also suppose to get another quarter day credit for every day served for good behavior.


 


In the grievance he brought this to the jail administrator attention quoting the appropriate laws and also giving an official attorney general opinion on the subject but in the end the jail administrator and sheriff's response that he could only get one or the other credits but not both. They gave nothing to support their argument (actually the jail administrator deferred to the sheriff's opinion)There is nothing in the law to support what they have to say.


 


So the question is would this be considered willful and gross negligence based on the fact that it was brought to their attention before it occurred?


 

Thank you for your response. Yes I remember your situation.

It could likely be considered willful and gross negligence since they had notice of the violation and continued to hold him. It could also mean he can get an award of attorney's fees if he wins the action.
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Customer: replied 3 years ago.


Along this same line the defendant is still going through a post conviction relief in this case. for ineffective counsel and is likely to win.


 


So in this type of case where he is wrongly convicted and imprisoned is that monetary value still the same as you quoted above ".. $100-$300 per day of wrongful incarceration, in that area in absence of proving willful or gross negligence which may triple the amount at the most..."




Thank you for your response.

IT could be even higher if he proves the case on ineffective assistance of counsel, but if he does not win then the estimate would be maybe no more than the $300-$900 per day showing it was willful.
Law Educator, Esq. and 5 other Criminal Law Specialists are ready to help you