UTICA – A Mayfield man has settled his lawsuit against the city and city police that was filed in the wake of murder charges against him being dismissed, according to federal court documents.
Derek “Deke” A. Kenney of Mayfield filed a federal lawsuit in U.S. District Court Northern District of New York during July 2011 against the city, retired city police chief Edgar Beaudin, lead investigator Anthony Clay, officer James Lorenzoni and five defendants who are listed as John Doe in the lawsuit.
Claims against Lorenzoni and John Doe’s 1 through 5 were dismissed in March.
According to court documents the lawsuit was dismissed due to a settlement on Sept. 20. No details of the settlement were included in the filing.
Kenney was charged by Gloversville police July 9, 2010, after police said he fatally stabbed 42-year-old Brian Morrison in the neck on Bleecker Street.
A murder indictment against Kenney was dismissed Oct. 26, 2010, after Kenney’s attorneys argued grand jury proceedings against Kenney were tainted because witnesses lied.
The suit contended Kenney’s Fourth Amendment rights were violated. Kenney also alleged his Fifth Amendment rights, guaranteeing the right not to incriminate oneself and guaranteeing against the use of coerced statements against an accused during criminal proceedings, were also violated.
On Sept. 1, Albany-based attorney Elmer Robert Keach, III filed paperwork with U.S. District Court Northern District of New York stating that the case had been settled.
“It is my pleasure to inform the court that the above-captioned action has been resolved between the parties,” Keach wrote.
Keach requests the court discontinue the action, with the chance to reopen it within 60 days.
No one has since been charged with causing Morrison’s death.
Derrick R. Paul, 33, pleaded guilty in 2013 to felony second-degree assault and felony tampering with physical evidence for assaulting Morrison and stealing his wallet before Morrison’s death.
Kerry Minor can be reached at [email protected].