Lady Lake, FL asked in Civil Rights and Criminal Law for Florida

Q: I spent 3 extra years in prison because of false convictions for violence on my PSR.Can I sue the BOP for those years ?

Not until I Filed in court was I granted release.

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Florida, if you were incarcerated for an extended period due to false convictions noted in your Pre-Sentence Report (PSR), you may have grounds to pursue legal action against the Bureau of Prisons (BOP). However, suing a federal agency like the BOP involves complex legal challenges, including issues of sovereign immunity which protects government entities from certain lawsuits.

Your case would require proving that the BOP's actions directly contributed to your prolonged incarceration. This could involve demonstrating negligence or a failure to follow proper procedures. It's also crucial to consider the statutes of limitations, which set deadlines for filing lawsuits.

Given the complexities of such a case, it would be advisable to seek legal advice from an attorney with experience in civil rights and lawsuits against government entities. They can provide guidance on the viability of your case and the best approach to take. Remember, every situation is unique, so personalized legal counsel is essential.

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