White & Case secures US$9.45 million settlement from NYC for wrongfully convicted pro bono client Eric DeBerry

Global law firm White & Case LLP has helped obtain a US$9.45 million civil rights settlement from the City of New York for pro bono client Eric DeBerry. This settlement follows White & Case's success in vacating Mr. DeBerry's wrongful conviction for first degree assault and robbery, for which he served more than 20 years in prison.

The settlement with the City arises from a civil rights lawsuit that White & Case filed on Mr. DeBerry's behalf in connection with his wrongful conviction. Mr. DeBerry's conviction rested upon the testimony of a single witness, who falsely claimed that Mr. DeBerry shot him during a gang-related dispute. Mr. DeBerry was convicted and sentenced to 25 years to life in prison.

In 2018, Mr. DeBerry contacted New York partner Samuel Hershey regarding his case. Following an investigation, the White & Case team (which also included New York partner David Hille and lead associate Gina Chiappetta) filed a motion to vacate Mr. DeBerry's conviction in New York State court. The White & Case team litigated the motion through trial, where it prevailed. Now, the White & Case team has helped Mr. DeBerry secure a US$9.45 million settlement from the City in connection with his wrongful conviction.

"Coming home to my family after more than 20 years in prison was the greatest day of my life," said Mr. DeBerry. "Still, I was worried that I would not have the means to provide for them and begin a new life. This settlement gives me the fresh start that I've been praying for."

"This is a sweet day," said Mr. Hershey. "Like Eric's freedom, this settlement was hard fought. I am thrilled to know that Eric and his family will finally get the future they deserve, and I am proud of the work our team did to achieve this life-changing settlement on his behalf."

Following this victory, White & Case will continue to represent Mr. DeBerry in his parallel civil rights litigation against New York State.

Mr. Hershey explained, "The battle is not over. We continue to litigate with New York State, which refuses to provide any compensation to Eric despite the fact that one of its own judges ruled that Eric is innocent. We will continue to fight for Eric until he receives the full measure of justice to which he is entitled."

The White & Case team was led by partner Samuel Hershey and included associates Gina Chiappetta, Sally Kagay, Coleman Saunders and Adam Drake (all in New York). Many more White & Case personnel provided invaluable assistance.

Co-counsel consists of David Shanies, Deborah Francois, Tristan Ellis and Eleanor Davis of the Shanies Law Office.

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