Brooklyn Man Sues NYC Over Vacated Murder Conviction

BROOKLYN, NY— A Brooklyn man whose murder conviction was erased after nearly four decades has filed a federal civil rights lawsuit against New York City, alleging police investigators ignored evidence pointing to his innocence, relied on unreliable witness identifications and withheld information that could have cleared him.

Brian Kendall filed the lawsuit in U.S. District Court for the Eastern District of New York after a Kings County Supreme Court judge vacated his 1989 conviction and dismissed the indictment on July 1, following a reinvestigation by the Kings County District Attorney's Conviction Review Unit.

The complaint seeks damages from the City and former NYPD detectives involved in the investigation.

It alleges violations of Kendall's constitutional rights, including fabrication of evidence, malicious prosecution, denial of due process and suppression of exculpatory evidence.

Why Was The Conviction Vacated?

According to the lawsuit, Kendall was 17 when police arrested him in connection with the February 1988 fatal shooting of Raphael Reyes inside a Brooklyn game room.

The complaint alleges eyewitnesses and responding officers described a gunman whose appearance did not match Kendall's, and also reported that Kendall chased the shooter after the shooting.

Despite those accounts, the lawsuit alleges investigators focused on him, relied on unreliable witness statements and suggestive identification procedures, and failed to disclose evidence identifying another possible suspect or supporting Kendall's innocence.

The Kings County District Attorney's Conviction Review Unit later reinvestigated the case and concluded the conviction should be vacated. A judge dismissed the indictment after overturning the conviction.

Why Did Kendall Plead Guilty?

According to the complaint, Kendall spent about 16 months in jail awaiting trial before pleading guilty to first-degree manslaughter in 1989.

The lawsuit alleges prosecutors failed to disclose exculpatory evidence that would have significantly weakened the case against him, influencing his decision to accept the plea.

Kendall served more than 16 years in prison before his release.

He was later deported to Guyana, where he remained separated from his family for more than two decades.

"I lost my freedom, I lost precious time with my family, and I was forced to rebuild my life thousands of miles away from the people I love," Kendall said.

What Does The Lawsuit Seek?

The lawsuit seeks compensatory damages, attorneys' fees and other relief the court considers appropriate.

Julia P. Kuan, a partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP, said the lawsuit seeks accountability for what she described as decades of injustice.

"Brian Kendall lost decades of his life because law enforcement built a case against him instead of following the evidence," Kuan said.

The allegations remain claims in a civil complaint, and the defendants will have an opportunity to respond in court.

Timeline Of The Case

February 1988: Raphael Reyes is fatally shot inside a Brooklyn game room.

1988: Police arrest 17-year-old Brian Kendall.

1989: After about 16 months in pretrial detention, Kendall pleads guilty to first-degree manslaughter.

1989-2000s: Kendall serves more than 16 years in prison.

After Release: He is deported to Guyana and remains separated from his family for more than two decades.

July 1, 2025: A Kings County Supreme Court judge vacates Kendall's conviction and dismisses the indictment following a Conviction Review Unit investigation.

2026: Kendall files a federal civil rights lawsuit against New York City and former NYPD detectives.