I am considering suing the federal government for wrongful imprisonment. I see that 2 federal statutes provide for such claims to be handled through the Court of Federal Claims, and that the cap on damages for a non-capital case is $50,000 per year. Am I allowed to sue in federal district court instead?
The period of wrongful imprisonment resulted from an illegal Bureau of Prisons program statement. Under federal law (18 U.S.C. 3624 (c) ), ALL prisoners are to finish their sentences in a halfway house, but the BOP made me finish mine in prison because halfway house was a special condition of my post-sentence supervised release.
Totally impossible to respond to without knowing more facts. Assuming you were charged with a crime, properly indicted convicted, and sentenced, I believe that an appeal may be made to the district court.
But if you were put in prison for another reason (such as contempt of court) then I believe you may be limited to the Court of Federal Claims. This responder does not practice criminal law and is not licensed in IL.
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
Lawsuit / Dispute Attorney
No one can know what the record is in the case because online we cannot see your documents. Who got time? Why?
You might find my Legal Guide helpful "How to Choose A Lawyer For You"
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
You need a lawyer. Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
1 found this helpful