"A federal judge in Brooklyn has denied a bid by New York City and the estate of former Brooklyn District Attorney Charles Hynes to throw out a civil-rights lawsuit brought by Hasidic sex-abuse whistleblower Sam Kellner, clearing the way for a jury to hear claims that top prosecutors helped engineer his arrest to benefit a convicted child molester. The 82-page ruling, by Judge Nina R. Morrison of the Eastern District of New York,"
"is significant, as it effectively strips both the district attorney and the city of the legal immunity they would normally enjoy. Typically, absolute immunity protects prosecutors from civil suits over decisions about whether and how to bring criminal charges, while qualified immunity shields government officials from paying damages unless they violate clearly established legal rights."
"The long saga leading to the judge's decision began in 2008, when Kellner, a Borough Park resident, defied communal norms and reported his son's sexual abuse by a prominent community member, Baruch Lebovits, to secular authorities. Working closely with a detective in the NYPD's Special Victims Unit, Kellner helped locate and bring forward other alleged victims of Lebovits. His cooperation ultimately helped lead to Lebovits' 2010 conviction on multiple counts involving another boy, identified as Y.R."
Judge Nina R. Morrison of the Eastern District of New York denied New York City and Charles Hynes' estate's motion to dismiss Sam Kellner's civil-rights lawsuit, allowing a jury to consider claims that top prosecutors engineered his arrest to benefit a convicted child molester. The 82-page ruling removes both absolute and qualified immunity protections ordinarily shielding prosecutors and government officials from such suits. Kellner reported his son's abuse by Baruch Lebovits in 2008, worked with the NYPD Special Victims Unit to identify other alleged victims, and aided evidence that contributed to Lebovits' 2010 conviction. The case follows criticism of how the DA's office handled Hasidic community abuse cases.
Read at Jewish Telegraphic Agency
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