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$5,500 Awarded in NY Unlawful Imprisonment Suit
On May 4, 2000, the New York court of Claims awarded Allen Israel $5,600 in damages after New York parole officials wrongfully violated his parole. Israel had a maximum parole expiration date of April 12, 1996. His parole was later revoked due to a traffic offense but no new maximum expiration date was set. On May 6, 1996, Israel had a final parole revocation date hearing. On May 23, 1996 Israel was released from custody.
The court of claims held that the state had violated Calhoun v. NY State Division of Parole Officers, 999 F.2d 647 (2nd Cir. 1993) which had held that the state cannot extend a prisoner's sentence beyond the maximum expiration date based on a claimed parole violation unless a final revocation hearing had been held. The court awarded Israel $5,500 in damages; finding he was unlawfully held 49 days past his release date. The court noted there was no showing of lost wages or special damages. Israel represented himself pro se in this case. See: Israel v. State of New York Court of Claims No. 94211 New York City. Source: NY Jury Verdict Reporter.
The court of claims held that the state had violated Calhoun v. NY State Division of Parole Officers, 999 F.2d 647 (2nd Cir. 1993) which had held that the state cannot extend a prisoner's sentence beyond the maximum expiration date based on a claimed parole violation unless a final revocation hearing had been held. The court awarded Israel $5,500 in damages; finding he was unlawfully held 49 days past his release date. The court noted there was no showing of lost wages or special damages. Israel represented himself pro se in this case. See: Israel v. State of New York Court of Claims No. 94211 New York City. Source: NY Jury Verdict Reporter.
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Related legal case
Israel v. State of New York
| Year | 2000 |
|---|---|
| Cite | Claims No. 94211 New York City |
| Level | Court of Claims |
| Conclusion | Bench Verdict |
| Damages | 5500 |
| Injunction Status | N/A |