Legal Opinion
Mhammad Abu-Shawish v. United States
Court of Appeals for the Seventh Circuit
Decided July 31, 2018No. 17-1283PublishedCited by 1,405 opinions
1Opinion of the Court
Hamilton, Circuit Judge.
Petitioner-appellant Mhammad Abu-Shawish was tried and convicted on a federal fraud charge, but that conviction was reversed after he served the entire prison sentence. Abu-Shawish was acquitted in a second trial. He now seeks damages under 28 U.S.C. § 1495 and § 2513 for unjust conviction and imprisonment. Abu-Shawish petitioned for a certificate of innocence-a prerequisite to a damages claim against the United States under those statutes. In this appeal, the government is in the unusual position of defending a dismissal it never requested. Without any response from…
2Cases cited44 opinions
- Erickson v. PardusSupreme Court of the United States · 2007
- Estelle v. GambleSupreme Court of the United States · 1976
- Miguel Perez v. James FenoglioCourt of Appeals for the Seventh Circuit · 2015
- Tara Luevano v. Walmart Stores, IncorporatedCourt of Appeals for the Seventh Circuit · 2013
- Runnion Ex Rel. Rsunnion v. Girl Scouts of Greater ChicagoCourt of Appeals for the Seventh Circuit · 2015
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3Cited by1,405 opinions
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