Pain and Suffering for Wrongful Imprisonment?

by James

My brother spent 20 years in prison for the repeated rape of a woman that he didn't commit. On the third trial he was convicted of 10 counts of rape. But new DNA testing done from a nationally recognized lab excludes my brother from being the male who did it.

My brother's life was destroyed and I was devastated. You name it, it happened to me. I still feel the pain of going through what I went through. Am I entitled to a claim for pain and suffering because of the wrongful imprisonment?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Pain and Suffering for Wrongful Imprisonment?":


Regrettably the government has something called “Sovereign Immunity.” It basically means the government has immunity from lawsuits. Once in a while when a grave injustice has taken place the government may waive its immunity and pay for someone’s damages. (An example would be your brother if he was released from prison and the DNA absolutely determined he was excluded.)

Even then though, a 3rd party family member has no legal grounds upon which to build a lawsuit.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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