MovieChat Forums > Indictment: The McMartin Trial (1995) Discussion > Why didn't they sue the state for $10 mi...

Why didn't they sue the state for $10 million or more?

posted 8 years ago by JurijFedorov
4 replies | jump to latest

The Central Park Five sued the city of New York and they got $50m out of it. It was a similar case with a false conviction but those teenagers did actually do something negative they just didn't do the crime they were accused of. Other cases have gone the same way where falsely accused people have sued the states and won. So, why didn't they do the same thing here? Seems to me to be very easy pickings and any lawyer would take this case for free just for a part of the profits at the end of the trial.

[–] Corpus_Vile 8 years ago

They wouldn't have a case as Peggy Buckey was acquitted after her presumption of innocence trial and there was a mistrial and hung jury for Ray Buckey.
They sued one of the parents and were awarded one dollar in damages.

Hey, look at that! She's not crazy, she's being chased by a cheetah!

[–] JurijFedorov 8 years ago

I am fairly sure he could sue for wrongly imprisonment. But maybe not if he was not ever fully aquited. Maybe suing the parents is the best way to get the money needed to survive. But they won't and can't pay up.

[–] Corpus_Vile 8 years ago

Not really no, as they weren't convicted and then later found innocent. Anyone can be incarcerated before trial with bail denied. A presumption of innocence will remain but you can still be remanded into custody beforehand. OJ Simpson spent around a year in custody during his trial, as did Casey Anthony and both were acquitted. Lonnie Franklin Jr. has been in prison for 6 years now and his trial is still ongoing where he's still presumed innocent.
Can happen to anyone, guilty or innocent.
You won't be able to sue though as you wont have a case.

Hey, look at that! She's not crazy, she's being chased by a cheetah!

[–] activista 8 years ago

Yeah, but it took the Central Park Five 14 years to receive any kind of restitution, because the city kept dragging its feet on the lawsuit,and didn't want to give any of them a dime for keeping them unjustly imprisoned. The truth is, the average prisoner who gets convicted, spends years in jail, and is found innocent, rarely receives any kind of restitution---it depends on whether they can get any legal representation to do it, and the majority of them sure as heck can't afford it when they get finally get out of jail.