Clark McMillan, Exonerated on DNA Evidence in 2002, Has Yet To Receive His Cash Settlement
Fox News in Memphis TN is reporting that Clark McMillan, who spent over 20 years behind bars for rape, has not received his settlement from the State. McMilan was set free in 2002 and was awarded nearly one million dollars for the life he lost, but he says he has yet to receive a penny.
In 2004, the Tennessee General Assembly voted to award McMillan $832,000 as compensation for his wrongful imprisonment. But, except for an original lump sum payment of $250,000, McMillan, whoclaims most of that money's been eaten away by continuing medical bills for he and his wife, alleges he hasn't been able to get his hands on the rest of the money he needs. McMillan alleges he was pressured into taking a financial arrangement he really didn't understand at the time.
Under the Tennessee Code: Any exonerated or pardoned person is entitled to a total of $1,000,000 for the entirety of a wrongful incarceration. The board of claims, in determining the amount of compensation, shall consider the person's physical and mental suffering and loss of earnings. The claim must be filed within one year of exoneration. (Source: Innocence Project).
It does not appear under the code that McMillan would be prohibited from pursuing a law suit against the police who arrested him. That, as we have said before, would not be surprising. However, if McMillan has yet to file suit, his chances from seeking redress at this time may very well be bared under the law given the statute of limitations. As for state sponsored case settlements, some states prohibit an exonerated individual from filing a civil lawsuit against a municipality, if a person takes a state sponsored cash settlement. A list of states offering such programs can be fore here.
