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Former prisoner obtains $2.9 million judgment

Associated Press

Posted on February 7, 2010 at 3:05 PM

SODA SPRINGS, Idaho (AP) — Officials in Caribou County in eastern Idaho say they will file a motion to set aside a $2.92 million judgment against the county obtained by a man who spent an extra five years in prison due to a clerical error.

Lalo Girardo Hernandez recently obtained a default judgment after Caribou County failed to respond so his civil suit within the specified time period.

Caribou County Prosecutor Gregg Haney says the judgment will be appealed within 10 days and he's confident it will be set aside because the civil suit by Hernandez was improperly filed.

Haney says an action called a service of process needed to be done on a county commissioner or county clerk, rather than the deputy clerk.

Haney says the document was never brought to the attention of the county clerk or the commissioners.

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Information from: Idaho State Journal, http://www.journalnet.com

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