As Judge McMahon recently reminded in Fraser v. City of New York, 2021 WL 1338795 (S.D.N.Y. Apr. 9, 2021), defendants in criminal cases should always ask the government to comply with its multiple obligations under Brady v. Maryland, 373 U.S. 83 (1963), by turning over all complaints against police officers involved in the case.
Jawaun Fraser wrongfully served two years in New York state prison after being convicted of robbery on the testimony of police officers sued numerous times for testifying falsely. Both the prosecutor and officers had withheld information about several of those suits, and upon learning this Fraser succeeded in getting his conviction thrown out. The state did not appeal that ruling or re-prosecute Fraser for robbery (he instead pleaded guilty to disorderly conduct, which is not even a misdemeanor). Fraser then sued for damages in federal court, where the officers moved to dismiss the complaint …