(New York Jewish Week) — 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.
“Justice for Sam has been a slow train coming. That train is now about to arrive,” said Niall MacGiollabhui, Kellner’s attorney, in a statement to the Jewish Telegraphic Agency…