United States Ninth Circuit

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 teen's 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.

Appellate Information

• Argued 06/01/2008
• Decided 01/14/2010
• Published 01/14/2010

Judges

• Before STEPHEN S. TROTT, SIDNEY R. THOMAS, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Milton J. Silverman (argued), Robert T. Geile, Law Office of Milton J. Silverman; attorneys for plaintiffs-appellants and Cross-Appellees Michael Crowe, Stephen Crowe, Cheryl Crowe, and Shannon Crowe., Jon R. Williams (argued), Lindsay J. Reese, Ross, Dixon & Bell; Dennis A. Schoville, Louis G. Arnell, James S. Iagmin, Schoville & Arnell; attorneys for plaintiffs-appellants and cross-appellees Aaron Houser, Margaret Susan Houser, and Gregg Houser., John J. Sansone, County Counsel, County of San Diego, George W. Brewster Jr. (argued), Senior Deputy; attorneys for defendant-appellant Summer Stephan., Richard J. Schneider, Glnar J. Fozi, Daley & Heft; Steven J. Renick (argued), Manning & Marder, Kass Ellrod, Ramirez; attorneys for defendants-appellees and Cross-Appellants City of Escondido, Mark Wrisley, Barry Sweeney, Ralph Claytor, and Phil Anderson., Diana L. Field, Ferguson, Praet & Sherman; Timothy T. Coates, Cynthia T. Tobisman, Greines, Martin, Stein & Richland; attorneys for defendants-appellees and cross-appellants City of Oceanside, Oceanside Police Department, and Christopher McDonough., Kenneth H. Moreno, Scott J. Loeding, Murchinson & Cumming; attorneys for defendant-appellee Lawrence N. Blum, Ph.D.