A former Kentucky prisoner says he was not released after his sentence ended. Kentucky attorneys Craig Henry PLC filed suit on behalf of Albert Jones alleging Kentucky prison officials kept Jones incarcerated for seven months after his sentence expired because they refused to count all the time Jones spent in custody when they calculated his release date.
In the Complaint, Jones alleges: when Jones pled guilty, he entered into an agreement with prosecutors that he would receive credit for time spent in custody beginning in January 2008. The sentencing judge accepted that agreement and sentenced Jones consistently with it. However, Kentucky prison officials gave credit only beginning in 2009. Jones raised the issue with numerous Kentucky prison officials before his sentence ended, but they refused to change his release date. Ultimately, Jones spent seven months in prison when he should have been free.
Overincarceration, or excessive confinement, may violate the Eighth Amendment and Fourteenth Amendment to the United States Constitution. To prove an Eighth Amendment violation, you must show Kentucky prison officials knew you were at risk of being confined beyond your lawful sentence, but failed to take appropriate action. To prove a Fourteenth Amendment violation, you must show Kentucky prison officials did not have adequate procedures to decrease the risk of overincarceration or excessive confinement.
If you or a loved one has been or is at risk of being incarcerated beyond your lawful sentence in a Kentucky jail or Kentucky prison, Craig Henry PLC offers a free consultation to discuss your situation and advise you of your legal options.