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Crystal Mason: Texas woman sentenced to five years over voting error acquitted
(www.theguardian.com)
this post was submitted on 29 Mar 2024
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Yes, she can sue. By law the most she can recover is slightly under $40,000, minus legal fees.
And here I thought everything was bigger in Texas.
It is!
AFAICT, Texas has relatively generous laws for recovery of damages after wrongful imprisonment. In addition to the payout ($80K/yr, prorated), you get an annuity. In some cases you can even get free tuition at a state university. Whereas in most states, you can't sue at all.
$40,000 is not generous.
Hence my emphasis on "relatively". That would be $25K in Michigan, and $0 in most states.
So technically, it is bigger in Texas.
That is simply false.
https://www.mlive.com/news/jackson/2024/01/michigan-man-awarded-17m-from-state-after-spending-36-years-in-prison-for-crime-he-didnt-commit.html
The law is described incorrectly. They wrote (my emphasis):
But when you click on the link you find:
So by Michigan law he was entitled to $50K/yr, which is less than provided by Texas law ($80K/yr + other benefits).
And of course $50K/yr over 36 years is roughly the $1.75 million he received. If it were actually per day, he would have gotten over $600 million.
Originally you said:
So which is it?
She was incarcerated for a few months, not an entire year. The $80K/yr is prorated, so most likely she can get something under $40K.
You certainly didn't make that clear. And even for a few months of wrongful incarceration (along with the years of having to spend time in court), $40,000 is pitiful. Absolutely pitiful.
"They don't pay as much in other states" doesn't make it any less pitiful.
Would you find that to be adequate compensation for destroying five years of your life for doing something that wasn't illegal?
Man, you just want to argue with anyone you can about anything you can, huh?
You're being unreasonable, replying to their observing that despite this being awful, they're somehow better than a bunch of other states.
I'm agreeing with them?
You certainly didn't make that clear.
Or true.
I never said it was adequate.
I replied to the suggestions that it doesn't matter because she already served her time (it actually does matter), that she should sue (she can but recovery is limited), and that everything is bigger in Texas (yes it is, relatively speaking).
Note that courts never compensate innocent people who are tied up in court, even for years. Compensation is only for people who are wrongfully incarcerated. Even in Texas.