×
You have 2 more free articles available this month. Subscribe today.
$7,516.95 Awarded For 89 Days of False Imprisonment
An Ohio state court awarded a former prisoner $7,516.95 in damages for 89
days of false imprisonment.
James M. Bay was a prisoner of the Ohio Department of Rehabilitation and
Correction (ODRC). His release date was July 26, 1999 but he was illegally
held until October 24, 1999 due to ODRC's miscalculation of his release date.
Bays sued ODRC for false imprisonment. The court rendered judgment in
favor of plaintiff and defendant was found liable for false and prisoner.
Bay v. Ohio Dept of Rehab. & Corr., 2004 Ohio 3809, 2004 Ohio Misc. Lexis
375 (Ohio Ct. Cl. June 22, 2004). It then scheduled a damages trial.
Based on the testimony and evidence produced at plaintiff's liability and
damages trials, the court found that plaintiff was falsely imprisoned by
defendant for... 89 days, from July 26, 1999 through October 24, 1999. It
then awarded $4,916.95 and granted Bay's request for damages for emotional
distress, finding that based on the totality of the evidence, plaintiff is
entitled to an additional $1,000 as compensation for his ongoing mental
distress[,] which included the despondency he experienced while trying to
effectuate his release from custody, and witnessing acts of violence
committed by and upon other prisoners. Bay explained that the injustice
he experienced had a profound effect on his mental and physical health and
that he continues to struggle with this burden daily.
The court also agreed that Bay was entitled to damages for a total of
$1,575 for lost income in August, September and October 1999, in the form
of Social Security Disability checks in the amount of $525 per month.
Finally, the court granted reimbursement of the $25 filing fee, for a
total award of $7,516.95. See: Bay v. Ohio Dept of Rehab. & Corr., 2004
Ohio 7296, 2000 40 Ohio Misc. Lexis 696 (Ohio Ct. Cl. December 1, 2004).
days of false imprisonment.
James M. Bay was a prisoner of the Ohio Department of Rehabilitation and
Correction (ODRC). His release date was July 26, 1999 but he was illegally
held until October 24, 1999 due to ODRC's miscalculation of his release date.
Bays sued ODRC for false imprisonment. The court rendered judgment in
favor of plaintiff and defendant was found liable for false and prisoner.
Bay v. Ohio Dept of Rehab. & Corr., 2004 Ohio 3809, 2004 Ohio Misc. Lexis
375 (Ohio Ct. Cl. June 22, 2004). It then scheduled a damages trial.
Based on the testimony and evidence produced at plaintiff's liability and
damages trials, the court found that plaintiff was falsely imprisoned by
defendant for... 89 days, from July 26, 1999 through October 24, 1999. It
then awarded $4,916.95 and granted Bay's request for damages for emotional
distress, finding that based on the totality of the evidence, plaintiff is
entitled to an additional $1,000 as compensation for his ongoing mental
distress[,] which included the despondency he experienced while trying to
effectuate his release from custody, and witnessing acts of violence
committed by and upon other prisoners. Bay explained that the injustice
he experienced had a profound effect on his mental and physical health and
that he continues to struggle with this burden daily.
The court also agreed that Bay was entitled to damages for a total of
$1,575 for lost income in August, September and October 1999, in the form
of Social Security Disability checks in the amount of $525 per month.
Finally, the court granted reimbursement of the $25 filing fee, for a
total award of $7,516.95. See: Bay v. Ohio Dept of Rehab. & Corr., 2004
Ohio 7296, 2000 40 Ohio Misc. Lexis 696 (Ohio Ct. Cl. December 1, 2004).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Bay v. Ohio Dep't of Rehab. & Corr.
| Year | 2004 |
|---|---|
| Cite | 2004 Ohio 7296, 2000 40 Ohio Misc. Lexis 696 (Ohio |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 7517 |
| Injunction Status | N/A |