It’s not uncommon to read in the news that an inmate was released from prison after new forensic evidence exonerated him. Unfortunately, we also see reports of inmates released after the prosecutor withheld exculpatory evidence. These individuals lost, literally, years of their life; they've missed births of their children, graduations, weddings, and funerals of loved ones
Recognizing the fundamental injustice that stems from being wrongfully deprived of one’s freedom, the Ohio General Assembly enacted R.C. § 2743.48 which provides a remedy for wrongfully imprisoned individuals. The statute allows recovery not only by persons who are officially exonerated, but also by persons whose convictions and prison sentences are vacated, dismissed or permanently overturned on appeal because of procedural errors during their trials. Presently, wrongfully imprisoned individuals are able to recover $40,330 per year in addition to lost wages, costs, and attorney’s fees.