City Loses Attempt to Dismiss Wrongful Conviction Lawsuit
New York City has lost its bid to dismiss a wrongfully convicted defendant's claim that former Brooklyn District Attorney Charles Hynes had a policy and practice encouraging prosecutors to hold back exculpatory and witness information.
January 16, 2015 at 06:06 AM
4 minute read
New York City has lost its bid to dismiss a wrongfully convicted defendant's claim that former Brooklyn District Attorney Charles Hynes had a policy and practice encouraging prosecutors to hold back exculpatory and witness information.
Eastern District Judge Jack Weinstein (See Profile) denied summary judgment to the city on the charge that Clarence Bailey went to prison because the alleged practice of holding back vital information to defendants let police detectives get away with “shoddy detective work.”
Weinstein scheduled a trial in Bailey v. City of New York, 14-cv-2091. If the allegation of an unconstitutional policy or practice under the case of Monell v. Dep't of Soc. Services, 436 U.S. 658 (1978), is proven, the city could be forced to pay damages.
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