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TEKOH v. COUNTY OF LOS ANGELES

No. 18-56414.

985 F.3d 713 (2021)

Terence B. TEKOH, Plaintiff-Appellant, v. COUNTY OF LOS ANGELES; Dennis Stangeland, Sergeant; Carlos Vega, Deputy, Defendants-Appellees, and Los Angeles County Sheriff's Department; Does, 1 to 10, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2021.

Attorney(s) appearing for the Case

Paul Hoffman (argued) and John Washington , Schonbrun Seplow Harris & Hoffman LLP, Hermosa Beach, California; John Burton and Matt Sahak , Law Offices of John Burton, Pasadena, California; for Plaintiff-Appellant.

Antonio K. Kizzie (argued) and Rickey Ivie , Ivie McNeill & Wyatt, Los Angeles, California, for Defendants-Appellees.

Before: Kim McLane Wardlaw, Mary H. Murguia, and Eric D. Miller, Circuit Judges.

OPINION

We must decide whether the use of an un-Mirandized statement against a defendant in a criminal case is alone sufficient to support a 42 U.S.C. § 1983 action based on the Fifth Amendment violation. The district court concluded that the use of the statement alone was insufficient to demonstrate...

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