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.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.