A man wrongfully convicted of murder is seeking justice in a federal lawsuit against the City of New York and several individuals associated with his case.
The complaint filed by plaintiff Arvel Marshall names the New York Police Department officers and former Kings County District Attorney Charles Hynes as defendants. The case centers on Marshall’s conviction for the 2008 murder of Moustapha Oumaria. Marshall was arrested on July 22, 2008, despite having an alibi placing him miles from the crime scene. He was convicted on January 5, 2010, and sentenced to 25 years to life. After approximately 16 years of incarceration, he was exonerated on August 9, 2024, following a reinvestigation by the Kings County District Attorney’s Office Conviction Review Unit, which found significant government misconduct that contributed to the wrongful conviction.
The complaint alleges that Marshall’s conviction resulted from deliberate misconduct by law enforcement officials and prosecutors. Detectives Jay Wolsky and Matthew Hutchison are accused of conducting suggestive identification procedures and suppressing exculpatory video evidence showing two perpetrators who did not match Marshall’s description as initially reported by witnesses. The lawsuit asserts violations of Marshall’s constitutional rights under 42 U.S.C. § 1983.
The filing also describes broader issues within the City of New York’s handling of police misconduct, alleging inadequate training and supervision and policies that allowed constitutional violations to occur. The complaint states that these practices contributed to the violations in Marshall’s case.
Marshall seeks compensatory and punitive damages for his wrongful conviction and incarceration, as well as reimbursement for legal costs and attorneys’ fees under federal civil rights statutes and New York State law.
The plaintiff is represented by attorney Justin C. Bonus Esq. of Justin C. Bonus, P.C. The case was filed in the United States District Court for the Eastern District of New York under 1:25-cv-06151 and is presided over by Judge Eric Gonzalez.