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$7,000 For 20 Days Of Unlawful Imprisonment
Robert Bergen was serving a ten-year prison sentence for assault and
indecent liberties. His good time release date was scheduled as February
18, 1981. Five months prior to this date, Mr. Bergen received a prison
disciplinary infraction. He was found not guilty of the charge, but this
disposition was not recorded in his file. The administrative error pushed
his release date back.
Prison officials subsequently corrected the clerical error and sent notice
of Mr. Bergen's original good time release date to the parole board.
Although the parole board possessed all the necessary documentation to
release Mr. Bergen before February 18, it made no formal decision until
March 6 and he was not released until March 13.
Mr. Bergen filed suit in federal court on the day he was released,
alleging that the parole board had violated his due process rights by
extending his prison sentence without providing him a hearing. The
district court granted summary judgment to the parole board on the grounds
that Mr. Bergen had no protected liberty interested in being released on
his good time release date. The Ninth Circuit reversed the district court
and remanded the case for a trial. See: Bergen v. Spaulding, 881 F.2d 719
(9th Cir. 1989).
On remand, Mr. Bergen was represented by attorney Keith Miller. After more
than 13 years of litigation, the case finally settled for $7,000. See:
Bergen v. Spaulding, et al., No. C81217 GW (WD Wash. Oct. 20, 1994).
indecent liberties. His good time release date was scheduled as February
18, 1981. Five months prior to this date, Mr. Bergen received a prison
disciplinary infraction. He was found not guilty of the charge, but this
disposition was not recorded in his file. The administrative error pushed
his release date back.
Prison officials subsequently corrected the clerical error and sent notice
of Mr. Bergen's original good time release date to the parole board.
Although the parole board possessed all the necessary documentation to
release Mr. Bergen before February 18, it made no formal decision until
March 6 and he was not released until March 13.
Mr. Bergen filed suit in federal court on the day he was released,
alleging that the parole board had violated his due process rights by
extending his prison sentence without providing him a hearing. The
district court granted summary judgment to the parole board on the grounds
that Mr. Bergen had no protected liberty interested in being released on
his good time release date. The Ninth Circuit reversed the district court
and remanded the case for a trial. See: Bergen v. Spaulding, 881 F.2d 719
(9th Cir. 1989).
On remand, Mr. Bergen was represented by attorney Keith Miller. After more
than 13 years of litigation, the case finally settled for $7,000. See:
Bergen v. Spaulding, et al., No. C81217 GW (WD Wash. Oct. 20, 1994).
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Related legal case
Bergen v. Spaulding
| Year | 1994 |
|---|---|
| Cite | No. C81217 GW (WD Wash. Oct. 20, 1994) |
| Level | District Court |
| Conclusion | Settlement |
| Attorney Fees | 0 |
| Damages | 7000 |
| Injunction Status | N/A |
no case text.