The U.S. Supreme Court in Brady v. Maryland, 373 U.S.83 (1963) established that criminal defendants have a due process right to the disclosure of exculpatory material. Although Brady was decided 60 years ago, suppression of exculpatory material by prosecutors and the police remains a major problem. It is a leading cause of wrongful convictions. In many wrongful conviction cases the defendant was exonerated only after being incarcerated for many years., in some cases on death row.

Exonerees frequently bring suit in federal court for damages under Section 1983 for violation of their due process Brady rights. These claims can be challenging for Section 1983 plaintiffs attorneys.

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