Civil Action For False Arrest, False Imprisonment And Malicious Prosecution Against Detectives And City To Go Forward.

A suspect was arrested for the attempted murder of a victim who was shot in the leg. At the preliminary hearing, the lead detective testified he and his partner interviewed the victim shortly after that shooting, that he showed the victim a photographic lineup which included the suspect, and that the victim circled the suspect’s photo to identify him as the shooter. The victim testified he never saw the suspect before and that the detectives pressured him into circling the photograph. The detective denied pressuring the victim and suggested his reluctance to finger the suspect was the product of a recent death threat from the suspect’s fellow gang members. The suspect was bound over for trial, and a jury acquitted him, but only after he spent ten months in jail. The acquitted man brought an action for false arrest, false imprisonment and malicious prosecution under 42 U.S.C. § 1983 against several police officers and the city. The trial court granted summary judgment for the defendants. The Ninth Circuit reversed, finding defendants were not entitled to a judgment in their favor merely because the state court bound defendant over for trial. Wige v. City of Los Angeles (Ninth Cir.; April 16, 2012) (Case No. 10-56515).