KLLF Defeats Officers' Appeal Seeking to Avoid Civil Trial for Wrongful Conviction

The U.S. Court of Appeals for the Second Circuit has dismissed an appeal brought by two former Connecticut police detectives who sought to throw out claims brought by KLLF client and exoneree Ralph Birch arising from his wrongful conviction. Mr. Birch alleges that former New Milford Police Department detectives Steven Jordan and David Shortt violated his constitutional rights in the course of investigating and charging him for a murder he did not commit. Jordan, Shortt, and the Town of New Milford had asked the Court of Appeals to dismiss the claims against them before trial on the basis of qualified immunity, which shields officers from being held civilly liable for reasonable and good-faith mistakes. Today’s ruling rejected that request, holding that a civil jury must decide whether the officers suppressed exculpatory information and improperly abetted the fabrication of evidence.

The case is expected to proceed to trial in the coming months. Mr. Birch previously settled his claims against various former Connecticut state law enforcement officials for $12.6 million. He is represented by KLLF partners David Lebowitz, who argued the appeal, and Doug Lieb.