Wrongful Convictions in New York

A wrongful conviction happens when a person is found guilty of a crime they did not commit. In New York, wrongful convictions arise for many reasons, such as mistaken eyewitness identification, false statements, suppressed evidence, forensic mistakes, coerced confessions, or ineffective legal representation. Some people also come forward with new evidence after the trial, such as DNA results or witness recantations.

According to the 2023 Annual Report from the National Registry of Exonerations, in 2023 there were 21 exonerations in New York, which was one of the highest totals in the country. In addition, more than 300 people have been exonerated in New York since 1989, and these individuals collectively spent more than 3,000 years in prison for crimes they did not commit.

If you or a loved one was wrongfully convicted, it is important to understand the legal options available to seek compensation. Claims for compensation require a detailed review of the findings that led to the reversal of the conviction, the dismissal of the charges, and the conduct that caused the wrongful conviction. When someone comes to us after a wrongful conviction has been set aside, we study the record to identify the grounds for compensation and the most effective way to pursue it. Attorneys working with Stephen Bilkis & Associates have secured more than $1 billion in verdicts and settlements for clients, and we bring that experience to the preparation of wrongful conviction claims. Contacting an experienced New York wrongful convictions lawyer can help ensure that every available path for compensation is identified and pursued.

When Can a Person File a Civil Rights Claim After a Wrongful Conviction?

A person can file a civil rights claim after a wrongful conviction when the conviction has been set aside. A civil rights claim under 42 U.S.C. § 1983 becomes available once the conviction is no longer valid because it has been vacated, dismissed, or replaced by an acquittal. Under the rule in Heck v. Humphrey, 512 U.S. 477 (1994), a person cannot seek damages for a wrongful conviction while the conviction remains in place. When the conviction has been overturned, that barrier is removed, and the person may pursue a civil claim for damages based on constitutional violations that caused the conviction. When someone comes to us at this stage, we review the record to identify which violations form the basis for a civil rights action.

Some of the most common violations include suppression of favorable evidence, fabrication of evidence, coercion of statements, unconstitutional identification procedures, and malicious prosecution. Federal courts in New York have recognized fabrication claims in cases such as Zahrey v. Coffey, 221 F.3d 342 (2d Cir. 2000). Claims based on suppression of evidence follow the standards in Brady v. Maryland, 373 U.S. 83 (1963). Claims based on coercion rely on Fifth and Fourteenth Amendment due process principles set out in cases such as Arizona v. Fulminante, 499 U.S. 279 (1991).

Courts in New York recognize that a person whose criminal case was terminated in their favor may bring a federal malicious-prosecution claim under § 1983. To succeed, the person must show that the prosecution was initiated without probable cause, was motivated by malice, ended in the person’s favor, and resulted in a Fourth Amendment deprivation of liberty. These standards are set out in cases such as Boyd v. City of New York, 336 F.3d 72 (2d Cir. 2003). New York law has parallel rules for malicious prosecution that apply in both state and federal contexts. When we take on a wrongful conviction case, we study the facts and procedural history to determine how each element of the claim can be supported by the record. Consulting an experienced New York wrongful convictions lawyer is important because these cases require careful review of the evidence and the legal findings that led to the reversal of the conviction.

Who Can I Sue for a Wrongful Conviction?

Who can I sue for a wrongful conviction depends on the conduct that caused the conviction and the legal rules that apply to each type of defendant. Civil rights lawsuits may involve claims against police officers when their actions violated constitutional rights. These claims may arise from false statements, coercive interviews, improper identification procedures, or suppression of favorable evidence. Officers may raise qualified immunity, so we review the record to determine whether the facts support liability.

Municipal liability arises under the rule in Monell v. Department of Social Services, 436 U.S. 658 (1978). Under Monell, a city or county may be liable when a policy, practice, or custom caused the violation. This may involve failure to train, failure to supervise, or patterns of conduct that were not corrected. In wrongful conviction cases, Monell claims may involve long-standing problems in detective units, repeated use of improper identification methods, or failure to disclose evidence. Courts in New York have addressed these issues in cases such as City of Canton v. Harris, 489 U.S. 378 (1989). When we take on a wrongful conviction case, we study the history of the investigation to identify whether a municipal policy or practice contributed to the conviction.

Prosecutors have absolute immunity for actions taken in the role of advocates, such as presenting the case in court. When prosecutors engage in investigative actions outside that role, only qualified immunity applies. Courts have examined these limits in cases such as Imbler v. Pachtman, 424 U.S. 409 (1976), and Burns v. Reed, 500 U.S. 478 (1991). Because these rules draw a line between protected and unprotected conduct, we review the record to understand the scope of the prosecutor’s involvement and determine whether a claim can proceed.

What Kind of Compensation Can I Get for a Wrongful Conviction?

The kind of compensation that one can get for a wrongful conviction depends not only on the facts of the case but also on whether the claim is brought under Court of Claims Act § 8-b or as a federal civil rights lawsuit. A § 8-b claim focuses on losses tied to innocence and imprisonment, while a civil rights lawsuit seeks damages based on constitutional violations and may include punitive damages when the record supports them. Wrongful conviction civil lawsuits permit recovery for a range of losses, including:

• Loss of liberty during the period of incarceration. Courts recognize that every day spent in custody carries compensable harm. We document how long the person was held and the conditions that shaped that experience.
• Loss of time with family and the impact of separation. This includes missed milestones, changes in family structure, and the strain that long-term confinement places on relationships. We gather statements and records that show how the loss affected family life.
• Loss of income and missed employment opportunities. In wrongful conviction cases, we look at employment history prior to imprisonment as well as education level, job skills, and expected career path. We work with economic experts to estimate wages that would have been earned and opportunities that were lost during the years in custody.
• Harm suffered in custody, including physical or mental harm. This may involve records of injuries, incidents in custody, or treatment received in institutional settings. We collect medical records and testimony to show the full impact.
• Costs connected to the original case, including legal expenses. These may include attorney fees, investigation costs, and other costs that were necessary to defend against the conviction. We review billing records and case files to identify these expenses.
• Losses that continue after release, such as barriers to work and housing. A wrongful conviction may affect a person’s ability to find stable employment or housing even after the record has been cleared. We document these ongoing losses through job records, housing applications, and expert testimony.
• Punitive damages against individual officers when the conduct meets the legal standard. Punitive damages may apply when the evidence shows intentional violations that led to the wrongful conviction. Examples include deliberate suppression of favorable evidence or coercion of statements during an investigation. Courts have affirmed the availability of punitive damages in § 1983 cases involving intentional misconduct, such as in Smith v. Wade, 461 U.S. 30 (1983). We review the record to determine whether the facts support a request for punitive damages.

Courts evaluate these losses based on testimony, documents, expert analysis, and financial review. When we represent clients who have been wrongfully convicted, we review the evidence that led to the reversal of the conviction, including the vacatur order, the dismissal of the indictment, new forensic findings, witness recantations, and materials from conviction review units. These records help support the demand for compensation. In civil rights cases, we also examine police reports, recordings, and discovery from the original prosecution to show how the violations caused the wrongful conviction and the losses that followed. Consulting an experienced wrongful convictions lawyer in New York can help ensure that all recoverable losses are identified and supported through the proper evidence.

Examples of wrongful convictions verdicts and settlements in New York include:

• $17.675 Million Settlement (2023) for Johnny Hincapie, who spent more than 25 years in prison before his conviction was vacated. The settlement included $12.875 million from New York City and $4.8 million from the State of New York, following findings that his confession was coerced and that evidence supported his innocence.
• $7 Million Pre-Litigation Settlement (202) for Grant Williams, who served 23 years for a murder he did not commit. His charges were dismissed after a reinvestigation revealed significant problems with the original case. New York City resolved the matter before a civil lawsuit was filed.
• $4.75 Million Settlement (2014) for Fernando Bermudez, who was wrongfully convicted of murder and spent over 18 years in prison. After his exoneration, he brought a claim under New York Court of Claims Act § 8-b, and the State of New York agreed to settle the case based on clear evidence of innocence.

How Do I Get Compensation Under New York’s Unjust Conviction and Imprisonment Act?

To get compensation under New York’s Unjust Conviction and Imprisonment Act, wrongfully convicted persons must meet the requirements in Court of Claims Act § 8-b. The statute provides a path to compensation based on innocence, and we guide clients through each step so the record is presented clearly. A person bringing a claim must show:

• A conviction for a crime that resulted in imprisonment
• A vacated or reversed conviction on grounds consistent with innocence
• A dismissal of the indictment or an acquittal following the reversal
• Proof of innocence shown by clear and convincing evidence

To get compensation under New York’s Unjust Conviction and Imprisonment Act, the claimant must file in the New York Court of Claims. Courts apply the statute as written, so we review the order vacating the conviction, the basis for the dismissal, and the evidence that supports innocence. Damages may include lost income, physical harm, and harm linked to the time spent in custody.

This process is different from a civil rights lawsuit because it does not require proof of police or prosecutorial misconduct. Many people pursue both the statutory claim and a civil rights claim when the facts support both, and we explain how each process works and how they interact.

How Long Does a Wrongfully Convicted Person Have to File a Compensation Claim?

How long a wrongfully convicted person has to file a compensation claim depends on the type of claim being pursued, and we review both timelines with every client at the start of the case. For civil rights claims under 42 U.S.C. § 1983, the limitations period follows the New York personal injury timeline in CPLR 214(5), which is three years. The period begins when the conviction is invalidated under the rule in Heck v. Humphrey, 512 U.S. 477 (1994), along with later decisions that explain when a claim accrues. Claims for malicious prosecution may accrue when the criminal case ends in the person’s favor.

How long a wrongfully convicted person has to file a compensation claim under Court of Claims Act § 8-b is different. A claimant must file within two years after the charges are dismissed, an acquittal is entered, or the conviction is vacated. The statute requires a verified claim that sets out the elements in § 8-b, and we examine the full record to identify the correct filing date and any issues that may affect the deadline.

When clients come to us with a claim related to a wrongful conviction, one of the first things we do is review the statute of limitations to confirm that the filing window is still open. Once we determine the correct deadline, we proceed swiftly to prepare the claim and ensure that all required filings are made on time.

How Does Immunity Affect Who I Can Sue for a Wrongful Conviction?

How immunity affects who a person can sue for a wrongful conviction depends on the type of defendant and the role that person played in the case, and we examine these issues at the start of every lawsuit. Police officers may raise qualified immunity, which protects officers unless they violated clearly established law. Courts have shaped this doctrine through cases such as Pearson v. Callahan, 555 U.S. 223 (2009), and Harlow v. Fitzgerald, 457 U.S. 800 (1982). We review the record to determine whether the conduct falls outside this protection.

Prosecutors may raise absolute immunity for actions taken in their role as advocates, such as presenting the case in court, as established in Imbler v. Pachtman, 424 U.S. 409 (1976). When prosecutors perform investigative tasks outside that role, only qualified immunity applies, a distinction addressed in Burns v. Reed, 500 U.S. 478 (1991). Courts apply a functional test to determine which type of immunity applies by looking at the nature of the act, not the title of the actor. We study the prosecutor’s actions to determine which parts of the conduct are protected and which may support liability.

Municipalities cannot claim immunity under § 1983 but may argue that no policy or custom caused the violation, relying on the standard in Monell v. Department of Social Services, 436 U.S. 658 (1978). We review investigative patterns, training practices, and supervisory records to assess whether the facts support a municipal claim.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

If you or a loved one has been exonerated and seeks compensation for a wrongful conviction, contact an experienced wrongful convictions attorney serving New York at Stephen Bilkis & Associates. Our team reviews records, identifies legal claims, and prepares actions in both the New York Court of Claims and federal court. The firm is led by managing partner Stephen Bilkis, who is rated Excellent by Avvo, recognized as a Top-Rated Lawyer by Justia.com, and listed among the best lawyers in New York State by Expertise.com and TopLawyer.com. We draw on this experience to guide clients through the compensation process with clear attention to the legal and factual issues that shape these cases.

Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We serve clients in the following locations: Manhattan, Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Nassau County, and Queens.