• Filed under , Civil Rights , Police Misconduct , Prosecutorial Misconduct , Wrongful Conviction

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Today, the Buffalo News reported our firm’s settlement of the John Walker wrongful conviction case:  $21 million to be paid by Erie County, on top of the $4.35 million already paid to our client by the City of Buffalo in connection with the same case.  It is reportedly the largest civil settlement ever paid by Erie County.  John Walker was convicted in 1977 of a murder the previous year that he did not commit and served a total of 21 years in prison. Erie County prosecutors used evidence fabricated by the Buffalo police at trial while failing to disclose up to 21 pieces of additional evidence showing that the witnesses were unlawfully coerced, that Mr. Walker could not have committed the crime, and that one or both of two other suspects likely did.  Together with the international law firm WilmerHale, led by partner Ross Firsenbaum, and Buffalo attorney Spencer Durland, Joel Rudin and David Rudin of our firm won an historic $28 million jury verdict in March, 2025 for Mr. Walker.  At the time, it was the largest jury award ever in the United States against a municipality for a wrongful conviction.  That amount was eclipsed in November 2025 when our same team of lawyers won an $80 million jury award for the Estate of Darryl Boyd, Mr. Walker’s co-defendant back in 1977.  Mr. Walker agreed to settle because he is in ill health and wished to avoid a lengthy delay while the County appealed.  In today’s article, the main trial prosecutor, Timothy Drury, who testified at both trials and obviously was disbelieved by the two juries, tried to blame Erie County’s attorneys.  Joel Rudin was quoted as saying that if Drury wants to find someone to blame, “he should look in the mirror.”