Any lawsuit against the State for wrongful conviction and imprisonment will fall under the Mississippi Tort Claims Act, specifically Ms. Code §11-44-7. A person who is wrongfully convicted and imprisoned can receive $50k per year of incarceration, if they can show that the judgment of conviction was reversed or vacated, the the case was dismissed or they were acquitted at a new trial, and that they did not suborn perjury or fabricate evidence to bring about their original conviction. Additionally, they will have the burden of proving that they did in fact not commit the offense.
This is a very high burden for exonerated individuals to meet. Even if one was exonerated through criminal proceedings, the State can still argue in civil proceedings that the individual was more likely than not guilty of the offense and that person will have the burden of proving that they were not guilty. Also, the exonerated individual must show that their wrongful conviction was not caused by their own deceitful actions.
It is difficult to recover damages for time spent in prison on a wrongful conviction but not impossible. If you were convicted, that conviction was overturned and you are provably innocent, then there is an avenue under Mississippi Law to recover compensation for the time spent in prison. If you or a loved one’s conviction was overturned, call us today to discuss your case.