New York Law Journal
  • Home
  • News
  • Decisions
  • Columns
  • Practice Areas
  • My NYLJ
  • Careers
  • Courts
  • Verdicts
  • Public Notices
  • Smart Litigator

Home > Claims Against City Advance in Wrongful Conviction Case

Font Size: increase font decrease font

Claims Against City Advance in Wrongful Conviction Case

By Andrew Keshner Contact All Articles 

New York Law Journal

February 19, 2013

  •    
  •    
  •    
  •       Comments (6)
 

Related Items

  • Collins v. NYC, 11-CV-766

A federal judge has ruled that a man who was incarcerated for 16 years for a now-vacated murder conviction can press his arguments that Brooklyn District Attorney Charles Hynes and the NYPD were "deliberately indifferent" to the misconduct that secured his conviction.

Eastern District Judge Frederic Block (See Profile) declined on Feb. 15 to dismiss civil rights claims against the city by Jabbar Collins because he said Collins had adequately pleaded allegations against the municipality in Collins v. The City of New York, 11-CV-766.

However, the judge "reluctantly" dismissed claims against the prosecutor who tried Collins, Assistant District Attorney Michael Vecchione, saying that he was shielded by absolute prosecutorial immunity.

Collins alleged in his $150 million suit that Vecchione—now the bureau chief of the Brooklyn District Attorney's Rackets Division—fabricated evidence and did not reveal a witness' recantation, among other things. Hynes is not a defendant in the suit but has praised Vecchione and defended his conduct in the Collins case.

Block observed that, at this stage of the litigation, Collins was entitled to argue that Hynes' support of Vecchione reflected a "tacit" policy to condone any actions his subordinates thought necessary to achieve a conviction.

"The Court concludes that Collins's allegations regarding Hynes's response—or lack thereof—to misconduct by Vecchione and other assistants make plausible his theory that Hynes was so deliberately indifferent to the underhanded tactics that his subordinates employed as to effectively encourage them to do so," Block said.

Collins, represented by Joel Rudin, also alleges that two police detectives, who remain defendants in the case, "coerced" a man into signing a written statement that falsely accused Collins of planning to commit the robbery during which a member of Brooklyn's Hasidic community was murdered. Their actions reflected the police department's lack of proper training on interrogation tactics and the obligation to reveal exculpatory evidence to prosecutors, Collins argues.

Collins cited the 1994 Mollen Commission Report disclosing police corruption, which devoted an entire section to instances of police perjury and fabrication of documents.

"Of course, the Report's findings are not conclusive," Block said. "But they at least make it plausible that the type of misconduct that led to Collins' arrest and prosecution was endemic within the NYPD. A jury could reasonably infer from that circumstance, if proven, that the department's policymakers were aware of a serious risk of constitutional violations, and that the failure to take any action in response to the problem—whether through training or otherwise—was the result of deliberate indifference."

Collins was arrested in March 1994. The Mollen Report was issued in July.

A browser or device that allows javascript is required to view this content.

Continue reading

  • 1
  • 2
  • 3

Next



Subscribe to New York Law Journal

You must be signed in to comment on an article

 

Reader Comments

View all reader comments »
  • Mark Everette

    February 20, 2013 06:28 AM

    The win at any cost mind-set of the District Attorneys in our judicial system is on a dangerous path. The abuses of this type are no longer an aberration, but a standard practice in which ADA’s are rewarded for. To grant any of these people who were knowingly involved in orchestrating this travesty of justice absolute Immunity is a miscarriage of justice, and does nothing to hinder future abuses. We cannot allow those trusted with up holding the Laws of our country to emulate Madam Defarge when doing their duties. Had the death penalty still been an option at sentencing, there is a strong possibility Mr. Collins might have been executed. No amount of money can remedy the abuses a person for what was taken from them. This Man was not falsely convicted of a crime; he was systematically imprisoned with false testimony and evidence knowingly created by these win at any cost District Attorneys and Police Officers. This case was not a case of minor errors that caused this conviction. The government knowingly and fraudulently destroyed sixteen years of a man’s life. Everyday, for sixteen years, this Man woke up in Hell. I’m a firm believer that all police officers, Lawyers, Prosecutors, and Judges should do thirty days in Prison before they are allowed to practice their trade. A Police Officer would be more truthful and understanding of his responsibilities to the public. A Lawyer would understand how much their clients depend upon them, and would actually prepare to represent their clients well before he walks into the courtroom. The Prosecutor’s would understand what it means to comply with discovery demands, and would be a lot less likely to create or allow the subornation of perjury. Most importantly, Judges would not handout draconian sentences for minor offenses. All of these people involved in creating the fraud in this case should be severely punished, and there should be no blanket immunity to anyone who uses their position of trust and authority to make a mockery of our legal system.

  • Spook

    February 19, 2013 08:46 AM

    Clearly prosecutors need less immunities, and more skin in the game. Abuse of their power is rampant.

  • Phillip H Inkel

    February 19, 2013 07:34 AM

    As long as the courts continue to rule that unlawful, dishonest and violent governmental conduct disguised as prosecutorial or judicial functions are absolutely immune from civil suit then people will continue to be deprived of seeking redresses from those types of grievances and subjected to unequall protections under the law. Furthermore, the nefariuos conduct will continue with nothing to deter unscrupulous prosecutors and Judges from commiting such horrific human rights violations. And, as those types of suits are dismissed so also is the exposure of the full facts and truth of those crimes from ever reaching the records and the public. A true evil in it's form that has and is sure to lead to horrible retribution. It invites anarchy and encourages people to seek other forms of achieving justice. It is contrary to natural justice. The doctrine of absolute immunity should be abolished when the facts demonstrate the existence of any element of dishonesty, bad faith, violence, prejudice, indifference, or criminality appied to the administration of judicial and prosecutorial functions in the light that unlawful governmental conduct is outside of the scope of those governmental functions and produces great irreparable losses, pain and harms.

  • Richard Slavens

    February 18, 2013 03:00 AM

    This article is interesting and useful.

  • Patty

    February 17, 2013 04:25 AM

    The same shenanigans happens out here in California Gold Country. I am a witness to a case that may be headed the same way in the future. Just sit and wait I suppose. They have stonewalled from reporting several other crimes against the victim. One crime might lead to lesser charges against the defendant, if it was investigated and prosecuted. Michael Moore even did an expose on the county this case is in. His sister was a public defender and got fired after blowing the whistle on them. They were fined, and changes made supposedly. I think they just became more clever at it.

Comments are not moderated. To report offensive comments, click here.

View all reader comments » Post a Comment »
Find similar content

Companies, agencies mentioned

    
  • Mollen
  • Brooklyn District Attorney
  • Special Federal Litigation Division
  • Village Voice
  • Mollen Commission
  • New York City Police Department
  • Supreme Court of the United States

Key categories

    
  • General Civil Practice

Most viewed stories

    
  1. Legal Services NYC Employees Strike; Lower Intake Expected
    •      
  2. Stop-and-Frisk Judge Relishes Her Independence
    •      
  3. Trial Founders on 'Personality Issues' Between Judge, Counsel
    •      
  4. Circuit Reverses Intentional Bias Finding in City Firefighter Hiring
    •      
  5. Donovan Criticizes Secret Payoff to Lopez Victims
    •      
lawjobs.com

TOP JOBS

MORE JOBS

POST A JOB

From the Law.com Network

Three Strategies for Reducing Class Action Costs

Managing Relationships With Legal Project Management

News Corp. Hires Ex-Skadden Communications Chief Bush

Law Firm Leaders' Confidence Slipping, Says Survey

Contrite Companies Can Win Forgiveness in Bribery Cases
  •      
    • Subscription Required

Plaintiffs Want to See Toyota's 'Crown Jewels'
  •      
    • Subscription Required

Tech Circuit: LegalTech West Coast Edition

Silicon Startups

Prolific ADA Plaintiff Faces Nemesis in Harassment Suit

Ullyot Exit Closes Chapter for Facebook

Rothstein Bankruptcy Trustee Files New Reorganization Plan
  •      
    • Subscription Required

Fla. Bar Wants Disbarment for Former Judge
  •      
    • Subscription Required

Bar Candidate Quits N.Y. Job To Satisfy N.J. Practice Bylaw

Pro Bono Work Proposed as Condition for Bar Admission
  •      
    • Subscription Required

The Affordable State-Specific Practice Solution
Available in NY, NJ, PA and CT editions - research, draft and prepare even the most complex cases with ease.

Judge in Stop-and-Frisk Case Relishes Her Independence

Ground Is Shifting in 14-Year Litigation

High Court Names Evers as the FJD's Court Administrator
  •      
    • Subscription Required

Third Circuit Rules Against Citgo in Case Over Oil Spill

Law Schools Are Looking Beyond LSATs, Says Mich. Dean

Is Freezing Your Eggs the Solution?

Water Warriors: Local Governments Bring Pollution Suits
  •      
    • Subscription Required

Sanction Reversed; Filing of Sexually Explicit Chat OKd
  •      
    • Subscription Required

DeKalb Judge Dismisses, Then Recuses

Jury Finds For Attorney In Legal-Mal Case
  •      
    • Subscription Required

Corporate Bribery Case Part Of National Trend
  •      
    • Subscription Required

Court Continues To Grant Lawyers Fraud Immunity
  •      
    • Subscription Required

  • Books
  • Advertise
  • Contact NYLJ
  • About NYLJ
  • RSS
  • Subscribe
  • About |
  • ALM Properties |
  • ALM Reprints |
  • Customer Support |
  • Privacy Policy |
  • Terms & Conditions |
  • ALM User License Agreement
ALM Media