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| Former Ind. Inmate Plans to Sue |
| By Indianapolis Star |
| Published: 03/10/2003 |
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A former prison inmate has filed court documents alleging that he was mistakenly incarcerated for more than a year. Attorneys for Ivory Ross have sent notice that he intends to sue the state of Indiana, Madison County, the Madison County Adult Probation Department and his former probation officer, Larry Turner. Ross, 50, of Indianapolis claims in court documents that a Madison County judge in November 2001 revoked his probation and sent him to prison, even though his probation had ended nine months earlier. State Department of Correction officials released him from the Westville Correctional Facility on Feb. 5. 'This is appalling,' said his attorney, Mark Garringer. A spokeswoman for the Indiana attorney general's office said officials are looking into the claims but declined further comment. Madison Superior Court Judge Thomas Newman Jr. in May 1998 sentenced Ross to a three-year suspended prison term and three years probation on a check fraud conviction. By state law, Ross' probation should have ended Feb. 20, 2001, says a notice of tort claim he filed in Madison Superior Court. Turner told Ross on April 1, 2001, that he had successfully completed his probation and was no longer required to visit him, the document says. Then, about a month later, Turner filed a notice of probation violation against Ross. The notice says Ross, who was living in Anderson at the time, cleaned out his family's bank account and absconded with a car. It also says that he failed to submit a urine drug screen, pay probation fees and report to the probation department. In November, Newman ordered Ross to prison. Ross acknowledges that in May he had checked into a drug treatment program but said he was not required legally to take the test or report to Turner. 'The whole thing is baffling,' Ross said. Madison County has wrongly revoked probation for dozens of others, Garringer claims. |
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