Nearly 27% of inmates in LDOC custody were held past release dates: DOJ

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Meghan54

Meghan54

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The Justice Department said in a report that between January and April 2022, 26.8% of the people, or 1,108 people, released from LDOC’s custody were held past their release dates. 24% of the people were held for over 90 days past their release dates, and the median number of days over detained was 29, the report added. There were nearly 4,200 people in custody overall.

"LDOC is deliberately indifferent to the systemic over detention of people in its custody," the Justice Department said.
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"In just this four-month period, LDOC had to pay parish jails an estimated $850,000, at a minimum, in fees for the days those individuals were incarcerated beyond their lawful sentences. At that rate, this unconstitutional practice costs Louisiana over $2.5 million a year," a release from the Justice Department says.

The DOJ said that LDOC has been on notice of the problem for 10 years but has done nothing to fix it.
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Why is anyone really surprised by any of this?

And the notion of this "costing" Lousy-ana DOC anything is a joke...it's a wealth redistribution scheme. Keep inmates beyond release date, send "fees" to parish jails affected. And where do these "fees" come from? Well, in my own little conspiracy illusions about this, I can see welfare payments from the feds being used to pay the fees, no actual cost to Lousy-ana except to deny the poor of anything in another way.
 
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Captante

Captante

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Oct 20, 2003
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cytg111 said:
Wouldnt you be able to sue their asses off for unlawful incarceration?
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For you and I? You better believe it. (Even in a La courtroom!)

Except I PROMISE you the people victimized by this will NEVER be folks like me and you who would "lawyer-up" in a flash and bend the state right over with NO grease or "reach-around" in sight.

Finding a shark-lawyer to take one of these "slam-dunk" payout cases would take me about eight seconds if I took my time!

It's poor, uneducated black people (etc) who don't know any better that these bastages take advantage of.

:(
 
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cytg111

cytg111

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Brainonska511 said:
In theory, yes. But as pointed out, that costs money or resources to find a lawyer. It also turns out that the deck is stacked in many ways against people that have been incarcerated when it comes to lawsuits against the state.
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I just imagined that they’d get a call from Saul, free of charge or 50%… but thats not a thing I guess.
 
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Captante

Captante

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cytg111 said:
I just imagined that they’d get a call from Saul, free of charge or 50%… but thats not a thing I guess.
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In most case you would need to call him but otherwise spot-on! :D

Lawyers get a % of any potential payout in liability-cases in the US so for obvious reasons if you have a solid case (like ANY case of illegal incarceration for example) finding a real rat-bastage shark to take your case with no "out of pocket" expense would be child's-play IF YOU KNOW WHERE TO LOOK.

And that is the crux of the biscuit here. ;)
 
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cytg111

cytg111

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Captante said:
In most case you would need to call him but otherwise spot-on! :D

Lawyers get a % of any potential payout in liability-cases in the US so for obvious reasons if you have a solid case (like ANY case of illegal incarceration for example) finding a real rat-bastage shark to take your case with no "out of pocket" expense would be child's-play IF YOU KNOW WHERE TO LOOK.

And that is the crux of the biscuit here. ;)
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Dude… I smell a business opportunity here…
 
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Captante

Captante

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cytg111 said:
Dude… I smell a business opportunity here…
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We're a bit late to the party I'm afraid! ;)

slip-fall.gif
 
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Sunburn74

Sunburn74

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Brainonska511 said:
In theory, yes. But as pointed out, that costs money or resources to find a lawyer. It also turns out that the deck is stacked in many ways against people that have been incarcerated when it comes to lawsuits against the state.
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I would bet you most of the inmates don't even know they were kept extra days.
 
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woolfe9998

woolfe9998

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Regarding the possibility of lawsuits, virtually all cases of this nature are taken by attorneys on a contingent fee arrangement. The attorneys do not care about the race or socio-economic status of the client. They only care if the case is winnable so they get paid.

The problem, I suspect, is that while Louisiana has a statute for wrongful conviction, which actually specifies a payout between $25K and $250K per year, the statute only applies to a wrongful conviction. I suspect there is no statute for people who are rightly convicted but held past their sentences. There really ought to be, but this practice is not one I've heard of until now. I suspect those parishes who have been holding people over for extra money from the state were aware of there being no civil remedy, and took advantage of that fact.
 
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brycejones

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woolfe9998 said:
Regarding the possibility of lawsuits, virtually all cases of this nature are taken by attorneys on a contingent fee arrangement. The attorneys do not care about the race or socio-economic status of the client. They only care if the case is winnable so they get paid.

The problem, I suspect, is that while Louisiana has a statute for wrongful conviction, which actually specifies a payout between $25K and $250K per year, the statute only applies to a wrongful conviction. I suspect there is no statute for people who are rightly convicted but held past their sentences. There really ought to be, but this practice is not one I've heard of until now. I suspect those parishes who have been holding people over for extra money from the state were aware of there being no civil remedy, and took advantage of that fact.
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Why isn't holding someone passed their release date a civil rights violation? Couldn't that be the vehicle for collecting monetary damages as well as forcing parish's to agree to reforms?
 
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woolfe9998

woolfe9998

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I should also mention that, whether or not there can be civil liability, in theory this is the crime of false imprisonment. False imprisonment is like kidnapping but kidnapping requires that the victim be physically moved from one location to another, not minor movements like inside a room but to another location entirely. So false imprisonment means you wrongfully hold them in place without moving them. It's usually a low grade felony. Keeping someone in jail when you no longer have legal authority or justification to do so fits squarely within this crime.

I fail to see why this does not apply here, if it can be proven that they knowingly did it, rather than it being some kind of administrative error. Police have occasionally been prosecuted for false imprisonment. However, I wouldn't hold my breath here that any prosecution will be attempted as I'm sure these jails will just claim it was a massive screwup and even though it's bullshit it will be enough to create reasonable doubt.
 
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woolfe9998

woolfe9998

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brycejones said:
Why isn't holding someone passed their release date a civil rights violation? Couldn't that be the vehicle for collecting monetary damages as well as forcing parish's to agree to reforms?
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Not sure if it fits within civil rights statutes. I honestly do not know. However, since the media has not mentioned any lawsuits, I suspect that means there are none. But if there is any opportunity for lawyers to make money, there are always always always lawsuits. So if there's no lawsuits, it probably means there is no grounds for civil liability.

OTOH maybe there actually are lawsuits but the news stories just haven't reported on them.
 
O

outriding

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Make a federal law that says any prisoners who has served their time shall be released by noon on their release date . Any prison or jail who fails to comply will pay the prisoner the state’s minimum hourly wage for every hour they have not been released and the prisoners lawyer

Lawyers will be all over that
 
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Fenixgoon

Fenixgoon

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outriding said:
Make a federal law that says any prisoners who has served their time shall be released by noon on their release date . Any prison or jail who fails to comply will pay the prisoner the state’s minimum hourly wage for every hour they have not been released and the prisoners lawyer

Lawyers will be all over that
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Not only that, but:

1)Unlawful detainment MUST be compensated. Basically, put states on the hook from a federal standpoint for throwing people in jail with paper thin evidence.

2) prisoners who have completed their sentences receive help re-integrating with society.
 
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Sunburn74

Sunburn74

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woolfe9998 said:
Not sure if it fits within civil rights statutes. I honestly do not know. However, since the media has not mentioned any lawsuits, I suspect that means there are none. But if there is any opportunity for lawyers to make money, there are always always always lawsuits. So if there's no lawsuits, it probably means there is no grounds for civil liability.

OTOH maybe there actually are lawsuits but the news stories just haven't reported on them.
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I think there's certainly civil damages you could go after. Lost wages for example
 
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