Crowe v. San Diego, No. 05-55467 - Civil Rights Law - U.S. Ninth Circuit
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Crowe v. San Diego, No. 05-55467

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.

Read Crowe v. San Diego, No. 05-55467

Appellate Information

Argued and Submitted June 1, 2008

Filed January 14, 2010

Judges

Opinion by Judge Thomas

Counsel

For Appellants:

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

For Appellees:

George W. Brewster Jr. and John J. Sansone, County Counsel, County of San Diego, San Diego, CA

Richard J. Schneider, Golnar J. Fozi, Daley & Heft LLP, Solana Beach, CA