$78,125 Awarded to Former Indiana Prisoner for Police Officials’ Misconduct and Practices
$78,125 Awarded to Former Indiana Prisoner for Police Officials’ Misconduct and Practices
Christopher Parish – who had wrongfully spent eight years in prison for a robbery and shooting – was awarded $78,125 in damages by a federal jury due to the actions of an Indiana police department and a detective. The jury entered a verdict on October 27, 2010 for $73,125 in compensatory damages and $5,000 in punitive damages against the detective, Steve Rezutko.
Parish was convicted in June 1998 of robbing and shooting a man, based on witnesses that had identified Parish from “photopaks.” Detective Rezutko investigated the case. In 2005, however, the Indiana Court of Appeals held that the evidence used to convict Parish had been inadequate, and Parish was subsequently released from prison. Evidence had been presented that had put Parish in Chicago when the alleged crimes were committed.
Parish filed suit in the U.S. District Court for the Northern District of Indiana in 2007 against the City of Elkhart, Detective Rezutko and the police department for Parish’s wrongful conviction, his loss of irretrievable freedom and his constant fear of rape or death while he had been incarcerated. Parish claimed that Rezutko ignored exculpatory evidence and that the defendants used threats of prosecution and compelling “photopaks” to persuade witnesses to identify Parish as the perpetrator. Parish sought compensatory and punitive damages.
The defendants denied Parish’s claims, alleging that he had been picked out by witnesses and tried and convicted fairly. Additionally, according to the defendants, the reversal of Parish’s conviction had been based on the ineffectiveness of his counsel, not because he had actually been proven innocent. The jury unpersuaded, apparently found Rezutko liable of misconduct and the sheriff’s department liable of unlawful practices and procedures.
Although Parish was awarded damages, he does not believe the damages reasonably compensate him for his eight years of wrongful imprisonment. See: Parish v. City of Elkhart, U.S.D.C. (N.D. Ind.), Case no. 3:07-cv-00452.
Source: FedJVR
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
Parish v. City of Elkhart
| Year | 2010 |
|---|---|
| Cite | U.S.D.C. (N.D. Ind.), Case no. 3:07-cv-00452 |
| Level | District Court |
| Conclusion | Jury Verdict |
| Damages | 78,125 |