The U.S. Court of Appeals for the Second Circuit recently rendered a very important decision allowing the assertion of §1983 claims against the City of New York based on a district attorney’s office policies and practices. In Bellamy v. City of New York, 914 F.3d 747 (2d Cir. 2019), the Second Circuit held that the Queens County District Attorney is a City policymaker with respect to the training, supervision, and discipline of Assistance District Attorneys. The decision paves the way for the plaintiff’s §1983 wrongful conviction Monell claims to proceed against the City. The circuit court also reinstated plaintiff’s §1983 personal capacity claims against two NYCPD detectives.

Judge John M. Walker Jr. wrote the opinion for the court, joined by District Court (Connecticut) Judge Michael P. Shea, sitting by designation. Judge Dennis G. Jacobs agreed with the court’s holding on the Monell claims but dissented in part because he found the detectives entitled to summary judgment based on qualified immunity.