Credit: Inked Pixels/Shutterstock.com Damages for Wrongful Conviction: 'Gilliam v. Allen'
Although damages cannot truly make a wrongfully convicted and incarcerated person whole, the law does the best it can do with financial compensation. The financial stakes in these cases are great.
June 30, 2023 at 09:41 AM
10 minute read
Litigation
The damages phase of a Section 1983 wrongful conviction case presents challenging issues. This is especially so when the conviction is followed by many years of incarceration. Cataloguing and quantifying the damages can be difficult. "Losses of this magnitude are almost impossible to catalog. The loss of liberty. The loss of the enjoyment of their families. The loss of the ability to care for and nurture their children. The loss of intimacy and closeness with their spouses. The task of quantifying those losses … is among the most difficult courts have to undertake." See Limone v. United States, 497 F. Supp. 3d 163, 243 (D. Mass. 2007) (Gertner, J.) (Bivens and state law claims), aff'd, 579 F. 3d 79 (1st Cir. 2009).
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