Justices Won’t Consider if Prisoners Can Sue for Over-Detention

Oct. 7, 2024, 2:08 PM UTC

The US Supreme Court refused to decide if state prisoners can sue for damages when they’re unlawfully held beyond their release date.

In an order Monday, the justices rejected the Louisiana attorney general’s appeal of a lower court ruling that allowed a prisoner’s civil rights lawsuit seeking damages from the corrections department to go forward.

Brian McNeal, who was sentenced to 90 days for violating his probation, argues the state should be forced to pay for each of the 41 days he was unlawfully held past his release date.

Louisiana officials argue McNeal can’t sue now because he didn’t seek ...

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