New York civil rights lawyer Michael Joseph won an important appeal before the Court of Appeals for the Second Circuit. In the federal Court of the Southern District of New York, Michael Joseph proved that two bronx detectives were guilty of malicious prosecution and the jury awarded almost 1,500,000 in damages. With the attorneys fees award and interest, the total award will be approximately $1,800,000.
The Court of Appeals made a groundbreaking decision which recognized that when detectives use confidential informants, who they know are not credible, they can be held liable for malicious prosecution. The Court of Appeals recognized that where police officers suborn perjury or engage in misconduct, the presumption of probable cause associated with a grand jury indictment is rebutted. The Court of Appeals also recognized that pressuring a witness to falsely implicate a defendant is sufficient to establish fabrication of evidence and malicious prosecution.
New York civil rights lawyer and malicious prosecution attorney Michael Joseph has expanded the way in which malicious prosecution can be proven. Lawyers in New York who represent victims of malicious prosecution in New York should carefully consider this new rule and carefully explore the use of confidential informants.
Unfortunately, the police and detectives in New York, especially New York City ( Bronx, Brooklyn, Queens and Manhattan) use confidential informants who will say anything to get themselves out of criminal charges and jail. Unfortunately, these confidential informants often set up innocent and false implicate innocent people and cause criminal cases to be brought against them. Now New York detectives can be held liable when they use confidential informants who they should know are lying.
New York civil rights lawyer gives free consultations and proudly serves the New York City communities of the Bronx, Manhattan, Brooklyn and Queens as well as the communities of Westchester including White Plains, Yonkers, Ossining, Mamaroneck, Scarsdale, Hartsdale, Bronxville, Port Chester, Mount Vernon and Rye.