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Jenner & Block Partners Elizabeth A. Edmondson and Michael W. Ross are representing a New York man who has been arrested four times, since 2009, on an erroneous warrant. According to the team’s complaint, although the court vacated the bench warrant, the New York Police Department continued to list the warrant as open on its database until April 15, 2015 – more than six years after it was vacated. The pro bono client, Nicholas Bowen, “seeks damages for his repeated wrongful imprisonment and his injuries, and a declaration that the NYPD’s policy or practice is unconstitutional,” according to the complaint. The case is the subject of a New York Times article titled “Cleared of a Crime but Hounded by a Warrant.”
“Mr. Bowen’s repeated wrongful arrests based on a vacated warrant are the result of an unconstitutional NYPD policy or practice of failing to maintain accurate warrant records, and of failing to train officers to use the necessary databases in accordance with the NYPD’s stated procedures. Public records show that New Yorkers throughout the City have been victims of these same failures by the NYPD, and that the NYPD has remained deliberately indifferent to the pattern of constitutional violations that has resulted from its database maintenance and officer training policies,” the complaint reads.