United States Second Circuit

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Newton v. City of New York, 11‐2610‐cv

In this case, plaintiff spent over twenty years in prison for rape, robbery, and assault before he was eventually exonerated by DNA evidence. The jury found that defendant City had denied plaintiff his constitutional rights to due process and access to the courts when it failed to produce the rape kit that eventually exonerated him, but the district court granted the defendants' post-verdict motion to set aside the jury verdict. The judgment of the district court is vacated and remanded with instructions to reinstate the jury verdict with respect to plaintiff's Fourteenth Amendment claim and to reconsider his First Amendment claim, where: 1) McKithen v. Brown does not foreclose plaintiffs due process claim; 2) section 440.10(1)(g) of the New York Criminal Procedure Law, which permits a court to vacate a conviction based on newly discovered evidence, gave plaintiff a liberty interest in demonstrating his innocence with new evidence; and 3) substantial evidence supported the jury's finding that the City acted with recklessness or deliberate indifference toward plaintiff's constitutional rights.

Appellate Information

  • Decided 02/26/2015
  • Published 02/26/2015


  • Lohier


  • United States Second Circuit