By Alethia Kasben
Gongwer News Service
The law requiring an individual to reimburse wrongful imprisonment claims from the state if another award is granted was upheld by the Court of Appeals.
In Ricks v. Michigan (COA Docket No. 369531), a published, per curiam Court of Appeals decision said the Wrongful Imprisonment Compensation Act’s requirement that a recipient reimburse the state if damages are received from any other person was legally sound.
Desmond Ricks, who brought the case against the state, received $1.2 million from the state before he and his two daughters settled a claim with the federal government. In the federal settlement, Ricks received $7.5 million.
The state moved to seek reimbursement, and Ricks declined, arguing a two-prong constitutional challenge to the reimbursement requirement and five other issues with the law, all related to pieces Ricks argued were ambiguous. The trial court ruled for the state and the Court of Appeals in a Monday decision affirmed.
Judge Daniel Korobkin, Judge Christopher Murray and Judge Allie Greenleaf Maldonado signed the decision.
The decision said the law is “clear and unambiguous” in its requirement that reimbursement of the entire WICA judgment if the plaintiff recovers compensation from any other person from the same wrongful conviction and imprisonment.
Ricks argued the law was unconstitutionally vague because it does “not provide fair notice that reimbursement is required … and as a result can lead to arbitrary enforcement from the courts.”
The law says “an award of compensation under this act is subject to setoff or reimbursement for damages obtained for the wrongful conviction or imprisonment from any other person.”
“Here, that means plaintiff must reimburse defendant for the state award because he received the federal award for the same wrongful conviction and imprisonment,” the ruling says.
“This provision is not subject to any other reasonable understanding.”
The law requiring an individual to reimburse wrongful imprisonment claims from the state if another award is granted was upheld by the Court of Appeals.
In Ricks v. Michigan (COA Docket No. 369531), a published, per curiam Court of Appeals decision said the Wrongful Imprisonment Compensation Act’s requirement that a recipient reimburse the state if damages are received from any other person was legally sound.
Desmond Ricks, who brought the case against the state, received $1.2 million from the state before he and his two daughters settled a claim with the federal government. In the federal settlement, Ricks received $7.5 million.
The state moved to seek reimbursement, and Ricks declined, arguing a two-prong constitutional challenge to the reimbursement requirement and five other issues with the law, all related to pieces Ricks argued were ambiguous. The trial court ruled for the state and the Court of Appeals in a Monday decision affirmed.
Judge Daniel Korobkin, Judge Christopher Murray and Judge Allie Greenleaf Maldonado signed the decision.
The decision said the law is “clear and unambiguous” in its requirement that reimbursement of the entire WICA judgment if the plaintiff recovers compensation from any other person from the same wrongful conviction and imprisonment.
Ricks argued the law was unconstitutionally vague because it does “not provide fair notice that reimbursement is required … and as a result can lead to arbitrary enforcement from the courts.”
The law says “an award of compensation under this act is subject to setoff or reimbursement for damages obtained for the wrongful conviction or imprisonment from any other person.”
“Here, that means plaintiff must reimburse defendant for the state award because he received the federal award for the same wrongful conviction and imprisonment,” the ruling says.
“This provision is not subject to any other reasonable understanding.”
––––––––––––––––––––
Subscribe to the Legal News!
https://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
