[Iby Knill] The huts themselves were run by Capos (trustees). Fortunately I was a linguist, and the Capo in the hut that I was were Czech and I could communicate with them. All the others in the hut were Hungarian and could not speak any other language. At this stage, you just thought of survival- the five of us stayed together, and because I could communicate I got maybe a little more soup than other people- a blanket that was slightly bigger. Because I could speak German, I could also communicate with the Germans, which was also an advantage. Being able to communicate with people was an advantage, and you took advantage of that fact to survive. Your only aim in life at that stage was to live one day longer.
Three officers weresued for ther involvement in the warrantless arrest of a vehicle passengerfor possession of cocaine and drug paraphernalia, charges which were laterdropped. A federal appeals court held that summary judgment on the basisof qualified immunty was proper on a false arrest claim, as the officershad probable cause for the arrest because one officer saw the plaintiffthrow a crack pipe out of his car window. Two of the arresting officers,however, were not entitled to qualified immunity because they allegedlydelayed seeking medical care when the passenger was shot in the genitals,acting with deliberate indifference and reporting his injury as a "laceration."The third officer, who arrived later, was entitled to qualified immunity,however, as there was no indication that he knew that the other officerscaused a delay in medical care. Valderramav. Rousseau, #13-15752, 2015 U.S. App. Lexis 4116 (11th Cir.).
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A high school studentwas detained for 23 days while police investigated a schoolyard fight thatcaused the death of another student. A video of the fight showed a malestudent who punched the victim as he tried to stand up, and the plaintiffwas identified as one of two assailants by an officer assigned to the school,by another student, and by two school staff members, who all viewed thevideo. Charges initially made against the plaintiff were ultimately droppedwhen it was established that he was not involved in the incident. A federalappeals court upheld summary judgment for the defendant officers, findingthat they had probable cause to make the arrest on the basis of the identificationsby those who viewed the video, so there was no false arrest. As to thelength of the detention, it was not excessive or unreasonable, as therewas no indication that any of the defendants imposed a deelay for impropermotives such as punishing the plaintiff or "drumming up" evidencemerely to justify his arrest. Baileyv. City of Chicago, #13-3670, 779 F.3d 689 (7th Cir. 2015).
A D.C. prisonerwas incarcerated for over two decades in both federal and state prisonson a conviction for raping and robbing a woman in 1981 when he was 18.After his parole, he was required to register as a sex offender, limtinghis employment, housing, and other opportunities. During his incarceration,he suffered multiple instances of sexual and physical assaults, and contractedHIV. In 2012, at the age of 50, he was exonerated and determined to beactually innocent of the robbery and rape, based on DNA evidence. He reacheda settlement of claims against the fedeeral government under the UnjustConvictions Act, 28 U.S.C. Secs. 1495 and 25a3, and the Federal Tort ClaimsAct, 28 U.S.C. Sec. 2671 et seq. of $1,128,082.19, based on $50,000 timesthe 22.56 years he was incarcerated. Continuing to pursue his claims againstthe District of Columbia inder the D.C. Unjust Imprisonment Act, D.C. CodeSec. 2-421 et. seq., he was awarded $9,154,500 in damages for wrongfulconviction, unjust imprisonment, sexual and physical assaults, contractingHIV, lost income, and physcal and psychological injuries. A D.ZC. courtfound that his wrongful conviction and unjust imprisonment had been a proximatecause of all these damages. It also rejected an argument that D.C. wasentitled to an offset from the award for the amount of the plaintiff'ssettlement with the federal government. Odomv. District of Columbia, #2013-CA-3239, 2015 D.C. Super. Lexis2. 2ff7e9595c
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