Over confinement of State-Responsible Prisoner in Virginia Beach Correctional Center, John Louis Freeman, Sr. v. Virginia Department of Corrections, et al.

In 2010, Mr. Freeman had convictions in Norfolk and Virginia Beach. While on probation in 2011, he was stopped for a minor traffic offense in Massachusetts. Massachusetts held Mr. Freeman for him to be extradited back to Virginia on an outstanding Virginia warrant. He was held for over a year in Massachusetts – 515 days – waiting extradition, until Massachusetts finally released him. Later, Mr. Freeman was stopped for a traffic violation in Virginia, taken into custody, and charged with probation violations. He served most of his time at the Virginia Beach Corrections Center. Mr. Freeman was given several incorrect release dates and the Virginia Department of Corrections (DOC) failed to credit him all of his Massachusetts jail time. As a result, he served 77 days longer than his court sentences required.

On June 19, 2017, we filed a lawsuit on behalf of Mr. Freeman against the DOC, the DOC Director Harold Clarke, the Virginia Beach Sheriff Kenneth Stolle (who runs the Virginia Beach Corrections Center), and unnamed employees of the DOC and the Virginia Beach Corrections Center. His over confinement for 77 days violates his Eighth Amendment right against cruel and unusual punishment and his Fourteenth Amendment right to due process under the law. On July 19, 2017, the Defendant, Kenneth W. Stolle filed a Memorandum In Support to the Motion to Dismiss.  The Defendant, VDOC and Harold W. Clarke filed a Memorandum In Support to its Motion to Dismiss on August 2, 2017. Plaintiff filed a Voluntary Dismissal of Kenneth Stolle on August 16, 2017. On September 22, 2017 Plaintiff filed a Response to the Motion to Dismiss and Status Report with the Court.

On September 28, 2017, Plaintiff filed a Voluntary Dismissal of the case.

Attorney(s)

Leslie Mehta, ACLU of Virginia

Pro Bono Law Firm(s)

Maya Eckstein and William Wright, Hunton & Williams, LLP

Date filed

June 19, 2017

Court

U.S. District Court, Eastern District of Virginia, Norfolk Division.

Status

Closed

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