Criminal
Feb. 16, 2021
9th Circuit adds to split on un-Mirandized statements and 1983 suits
In a recent case, a three-judge panel of the 9th Circuit held that a plaintiff may assert a claim under 42 U.S.C. Section 1983 for damages against a government official who denied the plaintiff the right against self-incrimination by unlawfully obtaining an un-Mirandized statement.
Dmitry Gorin
Partner
Eisner Gorin LLP
Alan Eisner
Partner
Eisner Gorin LLP
In the recent case of Tekoh v. County of Los Angeles, 2021 DJDAR 556, a three-judge panel of the 9th U.S. Circuit Court of Appeals held that a plaintiff may assert a claim under 42 U.S.C. Section 1983 for damages against a government official who denied the plaintiff the right against self-incrimination by unlawfully obtaining an un-Mirandized statement. The dispute in Tekoh arises from a sexual assault investiga...
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