Ninth Circuit Divides Over Damages Action for Miranda Violation

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In an order today, the Ninth Circuit, over the vigorous dissent of seven judges, denied rehearing en banc of the panel decision in Tekoh v. County of Los Angeles. In that panel decision, Judge Kim McLane Wardlaw, joined by Judge Mary Murguia and Judge Eric Miller, ruled that when prosecutors have used an un-Mirandized statement to prove a criminal charge against a defendant, that defendant may pursue a damages action under section 1983 against the officer who took the statement.

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