In a 42 U.S.C. section 1983 action based on defendants' investigation and prosecution of plaintiffs-teenagers for a crime of which they were innocent (the murder of one of the teens' sister), partial summary judgment for defendants on a majority of plaintiffs' claims is reversed in part primarily where: 1) a Fifth Amendment cause of action against the relevant defendants arose when two plaintiffs' coerced statements were introduced against them during pre-trial proceedings, namely a California law "Dennis H." hearing, grand jury proceedings, as well as a Cal. Crim. P. Code 707 hearing; 2) interrogations violated two plaintiffs' Fourteenth Amendment rights to substantive due process, and defendants were not entitled to qualified immunity; and 3) summary judgment was erroneously granted on a number of other claims, as well.
Argued and Submitted June 1, 2008
Filed January 14, 2010
Opinion by Judge Thomas
Milton J. Silverman and Robert T. Geile, Law Office of Milton J. Silverman, San Diego, CA
Jon R. Williams and Lindsay J. Reese, Ross, Dixon & Bell, San Diego, CA