A police investigator has lost his bid for dismissal of a civil rights action against him stemming from his polygraph examination and interrogation of a Westchester County man who was wrongly convicted of the rape and murder of a high school classmate.

Jeffrey Deskovic spent 16 years in prison until DNA testing revealed the real murderer and rapist of a 15-year-old Peekskill girl. Deskovic sued Peekskill police and Daniel Stephens, a Putnam County Sheriff’s Department investigator, for what he says was an abusive interrogation and polygraph test that ended with his false confession.