TOLEDO, OH (Toledo News Now) - A man who spent nearly 20 years in prison for a crime he did not commit is filing another lawsuit against the state in Lucas County court.
Danny Brown was imprisoned for the murder of 28-year-old Bobbie Russell. He was then released in 2001 after DNA evidence proved his innocence.
Brown has now been free for more than 13 years, but is still in court fighting for justice.
It is the second time Brown and his attorney have filed a lawsuit against the state for wrongful imprisonment. This time they are hoping the case will go in Brown's favor.
“I want an apology, I want to be treated like a human being, instead of being treated like three fifths a human being,” said Brown.
He and his attorney Patrick Quinn filed a wrongful imprisonment lawsuit against the state in Lucas County Common Pleas Court Wednesday. In addition to an apology, Brown is also looking for compensation.
“He's entitled to monetary compensation because the state long ago recognized that it's a moral imperative and a moral right to do so when someone is unfairly, unjustly, and wrongfully incarcerated such as Mr. Brown,” said Quinn.
The lawsuit comes more than two years after a similar lawsuit was unsuccessful.
“A claim that the crimes for which Mr. Brown were convicted, were still open and perhaps he would be retried. I think time has certainly shown to be untrue,” said Quinn.
Quinn says now that more time has passed it is less and less likely Brown will be retried and this is the time to try the lawsuit again.
To win their case this time around they will have to prove Brown's innocence, which he maintains.
Still, he knows it will be no easy task.
“I don't know how optimistic I can be considering what I'm dealing with. This is a very strong wall, but hopeful they might, you know, find some way to resolve this problem. I don't think I should be here, I don't think it should have come to this, but it has so we'll see,” said Brown.
Brown's attorney says the compensation could amount anywhere from $41,000 to $42,000 per year of incarceration, which is decided by the court of claims in Columbus. Brown could also receive lost wages for that time.
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