Acquitted Arson Suspect Sues Fireplace Division

A lady who was acquitted of arson expenses final yr for a fireplace that occurred in 2022, has filed swimsuit towards the Binghamton Fireplace Division and several other legislation enforcement businesses that she claims had been accountable for her malicious prosecution and fourteen months of incarceration. Marquetta James filed swimsuit in US District Courtroom for the Northern District of New York naming six entities and 7 named people as defendants.

The named entities embrace the Metropolis of Binghamton, the Binghamton Fireplace Division, the Binghamton Police Division, Broome County, the Broome County District Lawyer’s Workplace, and the Broome County Correctional Facility. The information as alleged within the grievance:

• Ms. James was accused of burning down 159 Conklin Avenue within the Metropolis of Binghamton. She was arrested on February 15, 2022, though the Binghamton Fireplace Division, by the use of Fireplace Marshall Timothy O’Neill and Lt. Nicholas Griswold, had concluded that the reason for the hearth was unknown.
• In reality, upon info and perception, Det. Amanda Miller and Investigator Carl Peters of the Binghamton Police Division arrested Ms. James on February15, 2022, for arson earlier than the hearth had even ceased and a fireplace investigation started.
• Later, upon info and perception, Fireplace Marshal Timothy O’Neill and Lt. Griswold admittedly primarily based any conclusion that the hearth was prompted deliberately on hypothesis. The Binghamton Fireplace Division speculative findings are the one piece of proof that indicated that the hearth was began deliberately.
• Nevertheless, upon info and perception, a member of the Binghamton Fireplace Division was pressured to confess that his conclusions for the prosecution and trial testimony on direct failed to think about proof that the hearth that destroyed 159 Conklin Avenue was brought on by one thing apart from intent.
• Upon info and perception, it was this testimony that led to Ms. James being acquitted.
• Collectively, the Defendants’ reckless and willful disregard for the reality resulted in Ms. James’s wrongful arrest, confinement, and malicious prosecution.
• Ms. James was solely launched after a jury acquitted her of all expenses on April 21, 2023.
• Ms. James was subjected to roughly 14 months of wrongful imprisonment and malicious prosecution primarily based upon the misconduct by the hands of the Binghamton Police Division, the Binghamton Fireplace Division, and the Broome County District Lawyer’s Workplace.
• The false arrest, wrongful imprison, and malicious prosecution, amongst different constitutional violations stem from legislation enforcements’ and the District Attorneys Workplace’s refusal to simply accept that the hearth within the immediate case was not the results of arson however primarily based upon a defective boiler.
• Upon info and perception, primarily based upon hypothesis that Marquetta James burned down a house at 159 Conklin Avenue in Binghamton, members of the Broome County District Lawyer’s Workplace and the Binghamton Police Division conspired with the Binghamton Fireplace Division to maliciously prosecute Ms. James, arresting her and placing her via over a yr of wrongful confinement and useless and unlawful prison proceedings.
• The Defendants within the case at bar suffered from tunnel imaginative and prescient and refused to simply accept that no crime was dedicated, even within the face of an preliminary report from the Binghamton Fireplace Division that the reason for the hearth was unknown.

The grievance alleges:

1. Illegal detention and deprivation of liberty pursuant to 42 USC §1983
2. False Arrest pursuant to 42 USC §1983
3. Malicious prosecution and abuse of course of pursuant to 42 USC §1983
4. State legislation abuse of energy
5. State legislation false imprisonment and false arrest
6. Denial of constitutional and statutory proper to a speedy trial
7. Negligent hiring, coaching and retention
8. Failure to intervene in violation of the Fourth, Fixth, Sixth, and Fourteenth Amendments
9. State legislation intentional infliction of emotional misery

Here’s a copy of the grievance: