Panel Tosses Malicious Prosecution Lawsuit
A Brooklyn appeals court has thrown out a malicious prosecution suit filed by a man who spent 20 years in prison for murder before being released on a petition for habeas corpus, saying that New York City police had probable cause to believe the man committed the crime.
December 01, 2015 at 09:34 AM
6 minute read
A Brooklyn appeals court has thrown out a malicious prosecution suit filed by a man who spent 20 years in prison for murder before being released on a petition for habeas corpus, saying that New York City police had probable cause to believe the man committed the crime.
The Appellate Division, Second Department, in Batten v. City of New York, 41001/04, reversed a 2013 decision by Brooklyn Supreme Court Justice Sylvia Ash to deny motions by the city and four police officer defendants to dismiss Floyd Batten's malicious prosecution claim and bid for damages.
Batten was convicted of the Nov. 4, 1983 murder of Igor Khutorsky, who was shot and killed during a morning robbery at Khutorsky's furniture store in Brooklyn.
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