Wrongful conviction

The Second Circuit considered whether a prosecutor who acted in an investigative role could face liability for fabricating evidence that later contributed to a loss of liberty. The case required the court to decide if a federal prosecutor could rely on qualified immunity when the complaint alleged that he created false evidence during the investigation and later used the same evidence before a grand jury. The appeal focused on the scope of the constitutional right at issue, the link between the alleged misconduct and the later loss of liberty, and whether that right was clearly established at the time of the events.

Background Facts

Zaher Zahrey filed a civil action in 1998 against New York City police officers and Kings County prosecutors. He claimed that the defendants conspired to create false evidence that tied him to robberies and a murder. He also named Assistant United States Attorney Martin Coffey, alleging that Coffey took part in the investigation before acting as a prosecutor. According to the complaint, the investigation began in 1994 after the death of William Rivera, a former auxiliary officer. Rivera’s family had asked Zahrey, who worked for the NYPD, to inquire about the status of the case. Internal Affairs detectives later interviewed witnesses, including inmate Sidney Quick, who eventually made statements that tied Zahrey to robberies. Quick first claimed that Zahrey took part in multiple robberies but then changed his story to statements about guns and drugs. Detectives also approached Lisa Rivera, who testified before a federal grand jury after receiving help and support from investigators.

In Heck v. Humphrey, 512 U.S. 477 (1994), the United States Supreme Court considered whether a state prisoner could use a civil action under 42 U.S.C. § 1983 to seek money damages based on claims that would call a criminal conviction into question. The case involved questions about the point at which a civil rights claim could move forward when the person bringing the claim remained subject to a conviction that had not been set aside in any court. The Court reviewed the interaction between the federal civil rights statute and the federal habeas corpus statute and explained how federal courts should handle damages claims tied to an outstanding state conviction.

Background Facts

Roy Heck was convicted in Indiana state court of voluntary manslaughter for the death of his wife. He received a 15-year sentence. While his direct appeal was still pending in the Indiana courts, Heck filed a civil action in the United States District Court under 42 U.S.C. § 1983. His complaint named prosecutors and a state police investigator as defendants. Heck claimed that they engaged in unlawful acts that led to his arrest and conviction. He alleged that the investigators carried out an improper investigation, destroyed evidence that he stated could have helped him, and conducted an illegal voice identification procedure. He sought money damages. He did not seek release from custody or any injunctive relief.

Articles Posted in Wrongful conviction

Second Circuit reviewed limits on qualified immunity in fabrication-of-evidence claims. Zahrey v. Coffey, 221 F.3d 342 (2d Cir. 2000)

Background Facts

Second Circuit addressed limits on § 1983 damages in challenges to convictions in Heck v. HumphreyHeck v. Humphrey, 512 U.S. 477 (1994)

Background Facts