Federal Court Rejects Motion to Dismiss Ralph Birch’s Wrongful Conviction Lawsuit

On September 24, 2021, federal judge Victor A. Bolden issued a 46-page decision sustaining a lawsuit filed by KLLF on behalf of exoneree Ralph Birch. Mr. Birch's case alleges that egregious police misconduct caused Ralph Birch to be falsely convicted and serve 30 years in prison for a murder he did not commit. Judge Bolden’s decision denied motions filed by the town of New Milford, Connecticut and former state and local police officials seeking to dismiss the suit.

The Court held that Mr. Birch’s allegations, if proven, would suffice to demonstrate that the police buried exculpatory evidence that could have “changed the outcome” of Mr. Birch’s 1989 criminal trial “or put the whole case in such a different light as to undermine confidence in the verdict.” Judge Bolden also sustained Mr. Birch’s claims for negligence, ruling that the lawsuit raises plausible grounds to find that New Milford police officers “breached a duty to intervene in the fabrication of evidence against Mr. Birch,” and suppressed evidence in a manner they “knew or should have known” would “create an unreasonable risk” of a miscarriage of justice. The decision also rejected arguments raised by the defendants that Mr. Birch’s suit is barred by the statute of limitations and that the defendants are immune from suit.

Mr. Birch’s suit remains pending, with discovery and depositions underway. The case is set to go to trial in March 2023. KLLF’s David Lebowitz and Doug Lieb represent Mr. Birch, alongside West Hartford-based co-counsel Kirschbaum Law Group, LLC.