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JACKSON v. BARNES

No. 09-55763.

749 F.3d 755 (2014)

Frederick Lee JACKSON, Plaintiff-Appellant, v. Michael BARNES; Ventura County Sheriff's Department; Ventura County District Attorney's Office; Patricia M. Murphy, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 15, 2014.

Attorney(s) appearing for the Case

Todd E. Lundell (argued) and Richard A. Derevan , Snell & Wilmer, Costa Mesa, CA, for Plaintiff-Appellant.

Jeffrey Held (argued) and Alan E. Wisotsky , Wisotsky, Procter & Shyer, Oxnard, CA, for Defendants-Appellees.

Before: WILLIAM C. CANBY, JR., STEPHEN REINHARDT, and KIM McLANE WARDLAW, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

This is an unusual case in which the plaintiff is suing under 42 U.S.C. § 1983 for damages as a result of his conviction for first degree murder in violation of his Fifth Amendment rights. The case is unusual in that the plaintiff was convicted at his first trial in which the prosecution relied on evidence obtained in violation of his Miranda rights, and after the conviction was reversed he was again convicted...

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