United States Ninth Circuit

In an action under 42 U.S.C. section 1983, related to Miranda violations that resulted from the vacation of plaintiff's initial first degree murder conviction, the District Court's rulings are reversed where: 1) plaintiff's Fifth Amendment violation is neither Heck-barred nor time-barred; and 2) plaintiff adequately pleaded a Fifth Amendment failure to supervise claim and a "policy of inaction" for which the Sheriff's Department is subject to suit under section 1983; but 3) the dismissal of claim against the District Attorney's Office is affirmed, however plaintiff is granted leave to amend to state a claim against Murphy.

Appellate Information

• Decided 04/15/2014
• Published 04/15/2014

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel