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DRC congratulates Michael L. Bloch, Benjamin D. White, Cristina Alvarez, and Joel B. Rudin, and the entire trial teams from Bloch & White LLP and Joel B. Rudin P.C. on achieving a $1.925 million verdict on behalf of their client Jawaun Fraser for malicious prosecution, violation of Plaintiff’s Fourth, Fifth, Sixth, and Fourteenth Amendment rights under the United States Constitution, and Brady violations, in Fraser v. City of New York, et al., C.A. No. 1:20-CV-04926 (S.D.N.Y.). |
Mr. Fraser filed suit after spending two years wrongfully incarcerated for third-degree robbery following a planned “buy-and-bust operation” in Mr. Fraser’s neighborhood. An undercover police officer infiltrated the neighborhood with the intent to buy drugs using pre-marked money and arrest the participants in the drug deal. The undercover officer encountered then 18-year-old Mr. Fraser, who was walking to a store. Mr. Fraser was dubious of the undercover officer and noted that he looked like a cop. The undercover officer showed Mr. Fraser an ID, which Mr. Fraser photographed. The undercover officer then called for backup officers to swarm the location. Mr. Fraser ran as the police officers descended but was caught and wrongfully accused of stealing the undercover officer’s ID and a pre-marked $20 bill.
Unbeknownst to Mr. Fraser or his defense attorneys, the undercover officer—as well as the officers that had been called for backup—had been sued dozens of times for false arrests and other constitutional violations. Pursuant to Brady v. Maryland, 373 U.S. 83 (1963), prosecutors are required to turn over material exculpatory evidence to the defense. Without the material evidence regarding the officers’ prior conduct, Mr. Fraser was tried and convicted in November 2015. Mr. Fraser’s appellate attorneys subsequently discovered at least 35 undisclosed lawsuits against members of the team of narcotics officers who arrested Fraser and succeeded in vacating Mr. Fraser’s conviction.
Mr. Fraser brought suit against the NYPD officers and the City of New York for malicious prosecution, Brady violations, and violations of his constitutional rights, including the right to liberty and due process and the right to a fair trial. Mr. Fraser’s counsel argued that the police officer defendants manufactured false evidence against Mr. Fraser, and that knowledge of the officers’ prior behavior would have assisted Fraser in impeaching the officers’ credibility at trial.
On March 21, 2023, the jury awarded Mr. Fraser $1.5 million in compensatory damages and $425,000 in punitive damages, for a total verdict of $1.925 million in damages. DRC assisted the trial team with jury selection.