"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."
A federal judge in Brooklyn denied New York City and Charles Hynes' estate's motions to dismiss Sam Kellner's civil-rights lawsuit, permitting a jury to consider claims that prosecutors engineered his arrest to benefit a convicted child molester. The ruling removes absolute and qualified immunity shields that normally protect prosecutors and government officials from civil damages. Kellner reported his son's abuse by Baruch Lebovits in 2008, assisted the NYPD Special Victims Unit, and helped bring other alleged victims forward, contributing to Lebovits' 2010 conviction. The case follows criticism that Hynes' office handled Hasidic abuse cases leniently.
Read at The Forward
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