A US citizen who was wrongly kept under detainment for three years is deprived of the right to sue legally due to claiming “untimely.
The US court said that according to the legislations, the detainee has 2 years to file the lawsuit while the date of claim passed the time. According to the rule by the Second US Circuit Court of Appeals, the claimant will not be permitted to sue for damages.
“There is no doubt that the government botched the investigation into Watson’s assertion of citizenship, and that as a result a US citizen was held for years in immigration detention and was nearly deported,” Circuit Judge Dennis Jacobs wrote in the majority opinion.
Davino Watson was imprisoned for 1,273 days because Immigration and Customs Enforcement officers dropped the ball in verifying that the Jamaican national had been naturalized in 2002
That means that the lower court rule was reversed and Davino Watson will not receive the $82,500 settlement. Having been born in Jamaica, Watson moved to the US in 1998 where his father was naturalized in four years and they both became US citizens.
Getting detained for a crime in 2007 led to the mis-recognition of Davino’s father with another man due to close similarity in names. Davino Watson was rejected a lawyer and was kept for 1,273 days in New York detention center.
US District Judge Jack Weinstein awarded the claimant with $82,500 while it was reversed by a higher court. Weinstein noted this in his ruling, stating that if Watson had an attorney, he “probably promptly would have been declared a citizen and released almost immediately after he was arrested, if he were arrested at all.”
The law deficiencies for people, especially minorities, in the US has led to injustice for a great part of the society. Davino has lost 3 years of his youth without even being rewarded for to prove the oppressive force of American legislation against people.