But the judge let Collins proceed with a claim against the city for negligent hiring, training and supervision.
Block noted the city's arguments that negligent hiring or supervision claims can proceed only when the employees acted out of the scope of their employment. The judge said the city had not yet taken a position whether various individuals were acting inside or outside the scope of their employment, making adjudication of the claim "premature" at this juncture.
Rudin, Collins' attorney, praised Block's "scholarly decision," saying in a statement that the judge had upheld Collins' "most important claims against the City of New York, for the unlawful policies of the Brooklyn D.A.'s Office and the New York City Police Department, which brought about his false conviction and 16 years of suffering in prison."
Rudin noted in his statement that Block, during oral arguments on the dismissal motion, scheduled an April 8 trial date.
Rudin said he was now seeking expedited discovery, including "sworn, videotaped depositions" from Vecchione, other Brooklyn prosecutors that handled the case and Hynes himself.
In its own statement, the city noted the ruling narrowed Collins' claims.
"We are pleased the claims against the individual ADAs were dismissed and the claims against the City were narrowed. We expect to address the remaining claims through further motion practice after the discovery process or at trial," Arthur Larkin, senior counsel in the city Law Department's Special Federal Litigation Division, said in a statement.
The city was also represented by Assistant Corporation Counsel Elizabeth Krasnow.
A spokesman for the Brooklyn District Attorney's office did not respond to a request for comment.
But in a response to a recent "Village Voice" articlereiterated during an interview with the New York Law Journal prior to the release of Block's rulingHynes said when one of the witnesses recanted but withdrew the recantation, Vecchione was not present, nor did anyone make a record of the occurrence or tell Vecchione about the withdrawn recantation.
@|Andrew Keshner can be reached at akeshner@alm.com.
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Mark Everette
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.
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Spook
Clearly prosecutors need less immunities, and more skin in the game. Abuse of their power is rampant.
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Phillip H Inkel
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.
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Richard Slavens
This article is interesting and useful.
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Patty
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.
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