Jackson v. Barnes, et al.

Plaintiff was convicted at his first trial of first degree murder in which the prosecutor relied on evidence obtained in violation of his Miranda rights, and after the conviction was reversed he was again convicted, this time without the use of the illegally obtained evidence. Plaintiff filed suit under 42 U.S.C. 1983 for damages as result of his conviction for first degree murder in violation of his Fifth Amendment rights. The court held that plaintiff's section 1983 claim against Sheriff Barnes for the Fifth Amendment violation was not barred by Heck v. Humphrey. Under Heck and Trimble v. City of Santa Rosa, plaintiff's Fifth Amendment claim was not time-barred, and plaintiff may be able to show that he is entitled to damages, especially nominal damages, for the Miranda violation. Therefore, the court reversed the district court's dismissal of that claim. The court held that plaintiff properly pleaded a claim of Monell liability against the Sheriff's Department, and that the Sheriff's Department was subject to suit under section 1983 for its investigative activities. Therefore, the court reversed the district court's dismissal of this claim. Finally, the court affirmed the district court's dismissal of plaintiff's claim against the District Attorney's Office, but instructed it to grant plaintiff leave to amend his complaint to state a claim against District Attorney Murphy. View "Jackson v. Barnes, et al." on Justia Law