Mirel Fisch, Esq., has helped secured significant results in civil rights and wrongful conviction cases, including multi-million-dollar recoveries and precedent-setting decisions. Some are listed below.
Police Misconduct & Civil Rights Violation Recoveries:
– Moroughan v. County of Suffolk (E.D.N.Y.) — $3 million settlement arising from the shooting of an unarmed cabdriver by an intoxicated off-duty officer and the subsequent cover-up by the Nassau and Suffolk Police Departments.
– Vasquez v. Village of Hempstead (E.D.N.Y.) — $4.5 million settlement for excessive force and false arrest.
– Eriksen v. County of Suffolk (N.Y. Sup. Ct. Suffolk Cty.) — $642,235 for emotional distress from a Deputy Sheriff’s fatal assault of plaintiff’s brother while in custody.
– Franqui v. County of Suffolk (E.D.N.Y.) — $3 million settlement for false arrest and custodial death by suicide due to the denial of medical and psychiatric care.
Wrongful Conviction & Post-Exoneration Recoveries:
– Washington v. New Jersey State Treasury (N.J. Sup. Ct.) – Recovered the maximum statutory amount under the New Jersey Mistaken Imprisonment Act following a wrongful double homicide conviction and 25 years of incarceration.
– Lopez v. City of New York (E.D.N.Y) — Recovered $8.25 million for malicious prosecution and fabrication of evidence that resulted in 23 years of imprisonment, shortly after defeating the City’s motion for summary judgment.
– Lopez v. State of New York (N.Y. Ct. Cl.) — Recovered $4.2 million under New York’s Unjust Conviction and Imprisonment Act.
Notable Decisions:
– Roberts v. County of Essex (D.N.J.) — Wrongful conviction case involving fabricated evidence and withheld DNA evidence, resulting in 18 years of imprisonment and civil confinement; defeated motions to dismiss (2015) and summary judgment (2022, 2023).
– Moroughan v. County of Suffolk (E.D.N.Y.) — In the case noted above that resulting in a $3 million settlement; obtained leave to assert a Monell claim against Nassau County (2015) and defeated summary judgment (2021).
– O’Hara v. City of New York (E.D.N.Y.) — Successfully opposed motions to dismiss malicious prosecution, due process, and conspiracy claims.
– Eriksen v. County of Suffolk (N.Y. 2d Dep’t) — In the case noted above that resulted in a $642,235 recovery; reversed dismissal on appeal and reinstated emotional distress claims.
– New York v. Monfort Trust, (E.D.N.Y.) — In a State environmental cost-recovery action, represented an individual sued by the State in seeking indemnification; defeated summary judgment and ultimately secured complete indemnification.