pictured are Buffalo 5 Survivors John Walker (L) and Darryl Boyd
Last Thursday on the steps of City Hall attorneys for “Buffalo 5” survivors John Walker and Darryl Boyd announced that they were filing a $224 million lawsuit against Buffalo and Erie County for their 1970s wrongful conviction. Walker and Boyd , who were wrongfully convicted of murder in 1976, each filed $112 million lawsuits against the City of Buffalo, the County of Erie, and several former detectives for causing them to spend a total of 50 years in prison and another 40 years on parole. Walker and Boyd each seek $84 million in compensatory damages for the years they spent in prison, plus $28 million in punitive damages.
“This case is a permanent stain on Buffalo and Erie County – how many other young Black men suffer the same injustices but lack the resourcefulness and courage of John and Darryl to fight their convictions?” said New York civil rights attorney Joel B. Rudin.
According to the lawsuits, Buffalo detectives coerced two teenaged friends of John and Darryl to testify falsely against them, knowing the testimony was false. In addition, the suit accuses the Buffalo Police Department and the Erie County District Attorney’s Office of covering up powerful evidence that a neighbor of the murder victim committed the crime.
The lawsuits seek to hold the City and County responsible based on evidence that alleged wrongdoing by the detectives and prosecutors, including their alleged failure to disclose evidence favorable to the defense as required by law, resulted from unlawful policies and practices of these municipalities.
“We are prepared to fully litigate this case and expose the policies and practices of the Buffalo police department and the Erie County District Attorney’s office,” said Rudin. Their actions the suit alleges, resulted in John and Darryl and other defendants unlawful convictions.
“The Remarkable thing about this case in terms of evidence…. Is that Police documented almost all their wrong doing!” remarked Rubin. “Police misconduct is documented.” He said he felt they had “an exceedingly strong case.”
-Lost Best years of Their Lives-
“My friends and I were 16 years old when the detectives framed us. I lost the best years of my life and don’t want this to ever happen to anyone else,” said Walker, who just turned 63 years of age and hobbled by back injuries he suffered in prison.
“No matter what we get – it can’t give us back what was taken,” he continued. “But it can make our lives better.” Darryl, 62, said of their ordeal: “This was a kidnapping. We were taken from our families and never given a fair chance to show our innocence.”
John and Darryl are represented by attorney Rudin, who has recovered numerous seven-figure damage awards for wrongfully convicted clients, and a team of lawyers led by Ross E. Firsenbaum and Ryanne Perio of Wilmer Cutler Pickering Hale and Dorr LLP, a firm with approximately 1,000 lawyers in 13 offices throughout the United States, Europe, and Asia.
“We are honored to be able to represent John and Darryl in their fight for just compensation for all the years of their lives lost in prison for a crime they did not commit,” Perio said.
Stated Attorney Rubin:“They deserve to live out their lives in peace to try to put this horrendous ordeal behind them. It is the obligation of municipalities and their lawyers to do justice on behalf of their citizens not to perpetuate injustice.
“Buffalo and Erie County cannot give John and Darryl back their lives but they can demonstrate that the policies of yesterday are not the policies of today,” continued Attorney Rubin. “They can take responsibility for the injustices done in their names by honorably resolving this case. We hope they will choose that path.”