No. 18-56360.

996 F.3d 571 (2021)

Art TOBIAS, Plaintiff-Appellee, v. Michael ARTEAGA; Jeff Cortina; J. Motto; Julian Pere, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Memorandum Disposition Filed February 25, 2020.

Petition for Rehearing Granted and Submission Vacated August 17, 2020.

Resubmitted April 20, 2021 Pasadena, California.

Filed April 27, 2021.

Attorney(s) appearing for the Case

Kevin E. Gilbert (argued), Orbach Huff Suarez & Henderson, Pleasanton, California; Timothy T. Coates , Greines Martin Stein & Richland LLP, Los Angeles, California; for Defendants-Appellants.

Calvin House (argued), Gutierrez Preciado & House LLP, Pasadena, California, for Defendants.

David B. Owens (argued), Anand Swaminathan , and Megan Pierce , Loevy & Loevy, Chicago, Illinois, for Plaintiff-Appellee.

Steven A. Drizin and Laura H. Nirider , Bluhm Legal Clinic, Northwestern Pritzker School of Law, Chicago, Illinois; Seth P. Waxman and Drew Van Denover , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Alan E. Schoenfeld , Wilmer Cutler Pickering Hale and Dorr LLP, New York, New York; for Amicus Curiae Center on Wrongful Convictions of Youth.

Clark M. Neily III and Jay R. Schweikert , Cato Institute, Washington, D.C., for Amicus Curiae The Cato Institute.

Partial Concurrence and Partial Dissent by Judge Collins.


Thirteen year old Art Tobias confessed to the murder of Alex Castaneda—a murder he did not commit—after an interrogation in which Los Angeles Police Department (LAPD) Detectives Michael Arteaga, Julian Pere, and Jeff Cortina ignored his request for an attorney, told him that he would look like...

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