Program Co-Sponsors: Civil Rights and Liberties Committee and Criminal Justice Section
Program Chairs: Ilyssa Fuchs, Cohen & Fitch LLP and Elliot Dolby Shields, Roth & Roth, LLP
Faculty: Irving Cohen, Irving Cohen Attorney at Law; Julia Kuan, Romano and Kuan; Joel Rudin, Law Offices of Joel B. Rudin, PC
The Court of Claims Act § 8-b, also known as the New York State Unjust Conviction and Imprisonment Act, allows those who have been wrongfully convicted to seek compensation from the State if they have served all or part of their sentence. In addition, many people who have been wrongfully convicted are also able to seek compensation under federal law.
Our panel of experts will discuss the many aspects of litigating an unjust conviction case in New York and a companion case in federal court, including:
-- how to bring an unjust conviction claim in NY,
-- the history and general elements of a claim under both NYS § 8-b and federal § 1983,
-- pleading requirements,
-- timing issues,
-- discovery issues,
-- evaluation of damages,
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