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Wis. Corrections Department lawyer recommends no compensation for man held in prison too long
By greenfieldreporter.com
Published: 01/22/2014

MADISON, Wisconsin — Wisconsin corrections officials say an inmate doesn't deserve compensation for being mistakenly kept in prison for more than a year after his release date.

Robin Gavinski, 52, is asking the Wisconsin Claims Board for more than $67,000 in compensation for lost wages for spending 417 additional days in prison beyond what his sentence for burglary and other crimes required.

Department of Corrections assistant legal counsel Johnathan Nitt recommends in a document filed with the Claims Board that Gavinski's request for compensation be denied. Nitti concedes that corrections officials made a mistake in calculating Gavinski's sentence, but that he had an obligation to draw attention to the error, WKOW-TV reported Monday (http://bit.ly/1f8Hn2S ).

"However, the claimant and his trial counsel share a significant portion of the responsibility by failing to timely clarify any ambiguity in the Judgment of Conviction, or to correct any mistake made in calculating his sentence," Nitt wrote.

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