Being wrongfully imprisoned is one of the most devastating civil rights violations a person can face. It not only strips away years of freedom but also leaves lasting emotional, financial, and social consequences.
At Kline & Specter, our team of more than 50 attorneys includes several former prosecutors who understand the legal system from both sides. With this unique perspective, we fight aggressively for individuals who have been convicted and incarcerated for crimes they did not commit.
If you or someone you love has been wrongfully incarcerated, our firm is ready to help you seek accountability and fair compensation.
What Is Wrongful Incarceration?
Wrongful incarceration occurs when an individual is imprisoned for a crime they did not commit. Despite being innocent, the person may spend years or even decades behind bars before the truth comes to light.
A wrongful conviction often results in significant emotional, financial, and social harm. In many cases, victims may pursue legal action against the parties responsible.
Common Causes of Wrongful Imprisonment
Common causes of wrongful imprisonment include:
- Eyewitness misidentification
- False confessions
- Police or prosecutorial misconduct
- Flawed forensic evidence
- Inadequate legal defense
In some cases, individuals are convicted based on coerced testimony or unreliable informants. Mistakes during investigation or trial can also lead to the conviction of an innocent person while the real perpetrator remains free.
These errors undermine the justice system and often result in years of lost freedom, emotional trauma, and significant harm to the individual and their family.
Can You Sue for Wrongful Incarceration?
Yes, individuals who have been wrongfully incarcerated can sue for damages. However, the process and requirements vary by state and jurisdiction.
Many states have compensation laws for exonerees, offering financial restitution for time spent in prison. In addition, a civil lawsuit may be filed against government entities or officials if misconduct, such as fabrication of evidence or violation of constitutional rights, played a role in the conviction.
These claims are often pursued under federal civil rights statutes. An attorney can determine the best legal path based on the facts of your case and applicable state or federal laws.
Types of Compensation You May Be Entitled To
If you've been wrongfully incarcerated, you may be entitled to payment for lost income, emotional distress, and loss of liberty. Some states offer fixed monetary amounts per year of imprisonment, while others require a lawsuit to pursue damages.
Compensation may also cover attorney fees, medical and psychological care, and, in some cases, education or job training. In civil rights lawsuits, punitive damages may be awarded if misconduct or negligence by officials contributed to your wrongful conviction and imprisonment.
Examples of Wrongful Incarceration Claims
According to press reports, 3,500 inmates have been exonerated nationally since 1989. Philadelphia has been a hot zone for wrongful incarceration, with 47 people being exonerated since 2018 alone. In 2023, Philadelphia accounted for nearly 10% of all exonerations nationally.
These convictions are often overturned because of police or prosecutorial misconduct – evidence withheld, witnesses coerced or recanting testimony – or flawed science or lack of forensic evidence.
Many inmates who were wrongfully imprisoned have later filed lawsuits after their release and won millions of dollars against the very authorities who put them behind bars. For instance, a Philadelphia jury recently awarded a man $16 million for being wrongfully convicted of murder in 1991.
There is also no indication that the misconduct that has led to so many exonerations is any less prevalent now than it was in the 1990s.
The Philadelphia Inquirer has reported that the Philadelphia Police Department uses surveillance cameras frequently, particularly in narcotics cases, but often doesn't disclose that to defendants. The newspaper also reported that the surveillance footage frequently exonerates defendants or shows that police officers were lying.
Why Choose Kline & Specter?
Kline & Specter's attorneys have obtained not only redress for clients in civil rights cases but also important societal changes to protect citizens' safety. The firm has the expertise and track record to pursue such wrongful incarceration cases.
Some of the firm's notable achievements in civil rights cases include:
- Tom Kline's settlement for the City of Philadelphia to pay $4.4 million to a take-out food deliverer who was shot and grievously wounded by plainclothes officers. The 2017 settlement was the largest-ever by the city and the sixth-largest nationally in a police shooting case. The city also agreed to revamp regulations and implement new training protocols for plainclothes officers.
- The firm settled with the City of Philadelphia for $10.5 million for the family of a Philadelphia teenager who was strangled after being placed in a restraint hold at a Tennessee treatment center, where the Department of Human Services had placed him despite warnings that it was a dangerous facility (news coverage).
- Shanin Specter sued the City of Philadelphia after LeeMore Rich and his infant son were killed by a speeding police car as they stood on a street corner. The civil rights claim allowed Specter to circumvent the city's sovereign immunity, which set a $250,000 cap on lawsuits. He settled the case with the city for $1.125 million.
- In researching the above case, Specter discovered that the city had paid many smaller settlements to victims of similar accidents. He also found that over a roughly four-year period, city police vehicles had been involved in 3,800 collisions, most of which were avoidable. Specter's persistence in negotiations with the Philadelphia Police Department led to a series of reforms aimed at improving police driver training, deterring reckless driving, and enhancing safety.
- Kline & Specter filed suit in a case involving a Pennsylvania state trooper who shot and killed a 42-year-old woman in her car in western Pennsylvania. The civil suit on behalf of Charity Thome cites a violation of her civil rights. It was the fourth fatal shooting by the officer, three since 2017.
Reach Out to a Wrongful Incarceration Attorney Today
If you've suffered the life-altering consequences of a wrongful conviction, you deserve answers and accountability. Kline & Specter has the knowledge, resources, and courtroom experience to pursue justice on your behalf.
To discuss your case and learn more about your options, call 215-772-1000 or submit our contact form.
Kline & Specter provides free and confidential evaluations of potential cases. Kline & Specter handles cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, the law firm works with local attorneys in each state as applicable.
