Beninato & Matrafajlo Files Lawsuit Against Essex County After Man Wrongfully Kept In Prison

• Dan T. Matrafajlo
• Wed Sep 2024
• News,
• 0

Newark Man Kept In Prison Nearly Two Months After Judge Ordered His Release

ESSEX COUNTY, NEW JERSEY (September 3, 2024) – Al Cernadas, an attorney at Beninato & Matrafajlo, is suing Essex County after a man from Newark was wrongfully held in prison for two months.

Florian Franke is a German national and landlord of a Treacy Avenue apartment building. He was being held at an Essex County jail when a municipal judge ordered his release.

Despite the order from the judge, Franke was detained for two months. He assumed that he was still being detained on one of two complaints. After being released, Franke learned that the charges against him were dropped.

As reported by North Jersey, it remains unclear why he was still held in jail long after his ordered release. “There’s no explanation why this guy stayed in jail,” said his attorney Al Cernadas. “It’s a mystery.”

Essex County Counsel have filed a response to Franke’s claim and have denied that he was wrongfully imprisoned. A full investigation remains ongoing at this time.

Liability For Wrongful Imprisonment In New Jersey

Many of the people being held in jail were never formally convicted of the crimes that they are being charged with. A large portion also die in custody. According to Reuters, “Unlike state and federal prisons, which hold people convicted of serious crimes, jails are locally run lockups meant to detain people awaiting arraignment or trial, or those serving short sentences. The toll of jail inmates who die without a case resolution subverts a fundamental tenet of the U.S. criminal justice system: innocent until proven guilty.” Inmates face a variety of challenges and hazards during their incarceration.

• Violence: Inmates are at risk of violence from other prisoners, including physical assaults and gang-related attacks.
• Mental Health Issues: The stress of incarceration can trigger or exasperate mental health problems. For example, many inmates develop anxiety, depression, and suicidal thoughts.
• Healthcare Access: Many inmates face limited access to medical care during their incarceration. They may not receive adequate medical treatment for physical injuries and chronic conditions.
• Neglect and Abuse by Staff: In many cases, inmates face neglect or abuse by prison officials. This could include inmates being subjected to excessive force.

The incarceration of innocent people is remarkably common. According to the Georgia Innocence Project, “Studies estimate that between 4-6% of people incarcerated in US prisons are actually innocent. If 5% of individuals are actually innocent, that means 1/20 criminal cases result in a wrongful conviction.” Any person who is wrongfully imprisoned in New Jersey may have legal recourse through a civil claim.

A county in New Jersey could face civil liability for wrongful imprisonment under the New Jersey Civil Rights Act. This law allows individuals to file lawsuits against government entities for violations of their civil rights under the New Jersey Constitution. Keeping someone in jail after a judge has ordered their release could be seen as a violation of their right to liberty and due process under the law.

Victims may also have recourse through a federal civil rights claim. Pursuant to 42 U.S. Code § 1983, every person who, under the color of any statute, law or ordinance, causes a citizen of the United States to be deprived of their rights secured by the constitution, shall be liable to the injured party in an action at law. It is important that certain steps are taken after any instance of wrongful imprisonment.

• All judicial records related to the imprisonment should be collected. This includes court orders, jail records, and relevant documents.
• Victims should seek legal counsel as early as possible. An attorney can examine the unique facts of your case and let you know what your legal options are.
• Consider filing a lawsuit. Any person wrongfully imprisoned may be able to seek some measure of justice through a civil claim.

Jails can be very difficult places to live in the best of circumstances. Being wrongfully imprisoned can be one of the most stressful and difficult things that most people will go through in their lives. Sadly, though, counties will often do everything in their power to deny responsibility if they wrongfully imprison someone. This is why it is so important that victims understand that they do have rights. They are able to hold government agencies accountable for their wrongful actions through a civil claim.

Getting Legal Help After Being Wrongfully Imprisoned In New Jersey 

Our legal team at Beninato & Matrafajlo was deeply concerned to hear about the wrongful imprisonment of Florian Franke. This was an unacceptable breach of jail protocol, and those responsible must be held to account. We are committed to getting our client justice in this case and working to ensure that this does not happen again in Essex County.

Have you or someone that you care about been wrongfully imprisoned in New Jersey? You may have legal recourse. Our team of civil rights attorneys is here to help in any way that we can. We care deeply that people are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to our office anytime at 908-248-4404.