Leroy McGee's nightmare with Florida's criminal justice system began in 1991, when an armed robbery was committed by someone else at a Chevron gas station on Oakland Park Boulevard in Fort Lauderdale, Florida. There was not any physical evidence to place him at the scene. His time card from his job as a custodian at Fort Lauderdale High School showed that he was at work. Nevertheless, the gas station clerk picked McGee from a lineup.
Despite the overwhelming evidence that McGee was not involved with the robbery, a Broward County jury convicted him of the crime. As a result, McGee spent almost 4 years in a Florida prison for a crime he did not commit.
Leroy never gave up on his claim of innocence, even after he was released from prison. An attorney was eventually appointed to review his claim and discovered a number of shocking errors. Eventually, a Broward County judge threw out the charges and Broward County State Attorney's Office never charges refiled against Mr. McGee. Now, he is a free man not looking at the possibility of being prosecuted again.
Although McGee obviously enjoys his new freedom, it is impossible to overstate the devastation caused by the time rotting away in a prison cell. Florida law allows for compensation to wrongfully imprisoned people. But the law excludes from compensation anyone with a prior felony conviction even though that person should never have been there in the first place. Also, the law requires a claimant to jump through certain "legal hoops" which are so complicated that an attorney will typically be required to process the claim. Despite the fact that a lawyer is often required to process the claim, the act doesn't provide for attorneys' fees.
Eventually McGee was paid $179,000.00 for his wrongful imprisoment. Obviously, McGee can never be totally reimbursed for what he endured. His wife divorced him while he was in prison. He missed out on seeing his children grow up. He was never quite able to resume his job, the way it had been before the wrongful conviction. Since it is impossible for McGee to get the time back that he lost in prison, money damages is the best remedy that our legal system can provide.
Opponents of the tort system (usually corporations who stand to gain the most if they have zero responsiblity for their misconduct), have launched expensive publicity campaigns to complain about damages for "pain and suffering," as if they do not really exist. Although non-economic damages such as Leroy McGee's do not have an exact dollar amount, under the law they must be "reasonable." What is reasonable is usually determined by a jury, which should continue.
Whatever you think about a victim of a tort recovering money damages, the $179,000.00 paid to McGee under Florida law, can never begin to compensate him for the anguish he endured in prison. Advocates for tort reform, who like to cite to unusual cases as support for their position, well certainly never make mention of Leroy McGee's wrongful imprisonment or the minimal compensation he received.
With over 50 years of collective service to the South Florida community, the Fort Lauderdale personal injury lawyers at The Ben Law Firm have helped thousands of clients to obtain money compensation for their personal injury and wrongful death claims.
All of the firm's partners have received the prestigious "AV" rating from Martindale-Hubbell Law Directory, which is a recognition by their peers in the legal community that their practice meets the highest professional and ethical standards.
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