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West Memphis 3

Men CANNOT Sue Over Incarceration

8/19/2011 10:10 AM PDT BY TMZ STAFF

0819_memphis_three_BN_05
The lead prosecutor in the West Memphis 3 case claims the deal he struck with Damien Echols, Jessie Misskelley and Jason Baldwin PREVENTS them from ever having a chance at winning a civil lawsuit against the state of Arkansas.

Scott Ellington explained at a news conference today that because all three men pled guilty, the State is insulated from any lawsuits the men might file ... seeking damages for being locked up for crimes they previously insisted they did not commit.

Damages in such a suit could easily rise into the tens of millions of dollars.

The deal doesn't prevent the WM3 from FILING a lawsuit -- however, the prosecutor believes any judge would simply throw such a case out before it went anywhere.

23 COMMENTS

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1.

andre`    

trailer trash thats all you can say

1168 days ago
2.

Todd    

Whose trailer trash? 3 men who were convicted of a crime they most likely did not commit?

1168 days ago
3.

AmyBee    

OMG! What a bunch of Bullsh*t! I never knew of this case before today but they have def strong armed these fellows. They would have NEVER let them out if they were truly guilty. No apologies, just a big FU on the way out by making them plea guilty and taking away their rights to sue.

1168 days ago
4.

cregis    

Maybe they could win a lawsuit, clearly their guilty pleas were coerced. If these men are guilty then why is the prosecutor letting such evil criminals out?

1168 days ago
5.

Everyones~A~Star    

"We'll let you out as long as you dont sue us". I have been reading up on this. The police really had their blinders on in this case. We cant tell if these kids were guilty or not all the evidence was lost through incompetence and tunnel vision. The boys step dads should have been checked out...if they wernt killers...they were confessed child abusers. Smacking kids with belts in this day and age? The school was aware suspected sexual abuse was going on, and step daddy needed a more honest look. We will probably never know who killed those boys becuase police really dropped the ball here. Guilty or innocent whoever killed those children is free (maybe always). No justice here. This whole case is bullshizz. They should reopen case....and figure out wtf really happened. This shouldnt be about who is going to sue who it should be about sending the message children are not to be abused, and murdered. Truth. Where is the truth?

1168 days ago
6.

T-Florida    

Our court system is great!
You might not have done the crime, but if you want outta the pokey then sign this form which states you cannot sue us for the 20 years you spent in prison. Unbelievable!

1168 days ago
7.

3Storms    

So they're innocent, but they won't be allowed out of jail until they give up the right to sue for wrongful imprisonment?


That sounds like a load of crap. They need better lawyers to fight that.

1168 days ago
8.

Conservatives are Cowards    

I'd hope that if they sue the state, the judge would allow the suit to move forward. I can't take much of what the prosecutors say to mean much. If they were good lawyers who knew what they were talking about, they would make real money and be held to the same civil standards for malpractice and misconduct as real lawyers. Most prosecutors are nothing but wannabe politicians who happen to have law degrees. No point in suing prosecutors: they are paid what they deserve, i.e., next to nothing compared to what real lawyers make.

1168 days ago
9.

ghfghfg    

this is just unforgivable to be innocent and locked up for 18 years and they deserve millions. end of story.

1168 days ago
10.

ken    

sounds to me like the lead prosecutor lacks the balls to admit they were wrong! he's playing CYA....
Where's the justice mr prosecutor?
How do you sleep at night mr. prosecutor? pills? booze? both?
they at least owe these men a free home, and a job, and a modest bank account....to show they are truly sorry for locking up innocent people.
it sounds as if one of their constitutional rights was violated in some way....I hope the defendants lawyer figures it out.

1168 days ago
11.

Gary    

AMERICAN JUSTICE IS A JOKE!!!!! Right now i'm on my way to a Mc Donalds drive thru and I will spill the coffee in my leg and I will SUE and WIN..... ONLY IN AMERICA

1168 days ago
12.

eddy    

I was locked up with Jessie and Jason for several years. There is NO doubt in my mind that they were innocent. I worked side-by-side every day for two years with Jessie. He is not even capable of these kind of crimes.

1168 days ago
13.

wisey    

Wow what a scary ass backwards state.

1168 days ago
14.

MAD    

Shame on the prosecuting attorney, he knows they are not guilty! He should admit the truth he prosecuted the wrong people. Now the real murder will never be found! How sad for all involved.

1168 days ago
15.

S    

I realize these men must have been desperate to get out of prison, but not only does the deal they struck prevent them from getting monetary compensation, but they'll forever have a murder charge listed on their records. With that kind of criminal record it will be difficult for them to find jobs and live normal lives.

1168 days ago
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