Poventud v. City of New York

Marcos Poventud’s 1998 New York State conviction for holding up a livery-car driver was vacated by the courts of New York on a Brady violation, and he was released from custody in 2005 after pleading guilty — on lesser charges — to the same hold-up at the same place and time, on the same date. He has sued prosecutors and police, under 42 U.S.C. § 1983, for achieving his conviction for a crime that he committed — as he has conceded under oath and in open court. The United States District Court for the Southern District of New York (Batts, J.) dismissed the complaint on the ground that, under…