Wrongfully Prisoned Lawsuit

November 9, 2010

Currently the based-on-a-true-story movie Conviction is circulating in theaters. Elsewhere, it is becoming abundantly clear to many that the wrongfully-accused and wrongfully-convicted stories continue to emerge all over the place. ABC News' Steve Weinberg, recently ran a story about Joshua Kezer. Kezner's story begins in 1992 following a Missouri murder. After a delayed investigation, Kezner was charged, tried, and convicted of the crime and jailed nearly 16 years.

Without any physical evidence the conviction hinged on a handful of prison inmates claiming to have heard Kezer confess. Following a shift of political landscape and a new sheriff, the case was reopened and evidence discovered in the police file that cleared Kezer. After his release from prison, Kezer filed a civil suit against the law enforcement officers that put him behind bars. Prohibited from filing civil suit against the prosecutor, Kezer and his lawyers pursued a case against the law enforcement agents who withheld evidence in federal court under a well known government liability statute, 1983.

Qualified immunity cases, or 1983 lawsuits, enable the wrongfully charged and prosecuted to seek compensation when law enforcement exceed constitutional limitations or act in bad faith.

Although the final settlement of the case is confidential, it is likely in the millions.