Federal Ruling Allows Wrongly Convicted Man to Sue the Los Angeles Police Department

Harold C. Hall, wrongfully convicted in 1985 for double-murder, spent 19 years in prison. He was arrested for committing a robbery, unrelated to the murders, and after his guilty plea was celled near an informant. The informant told the Los Angeles Police Department that Hall confessed to the murders. The detectives then interrogated Hall for several hours, while he was handcuffed, never advising him of his rights and denying him food. After they finally coerced a confession, the prosecutor sought the death penalty. The jury recommended life without the possibility of parole.

Hall was released in 2004 when the Ninth Circuit overturned the conviction. Prosecutors decided not to retry him. Hall eventually sued the city but failed to allege that his Fifth Amendment right against self-incrimination was violated. A district judge dismissed the case and ruled that Hall could not amend his suit to include the Fifth Amendment claim.

Hall appealed. The Ninth Circuit panel ruled that Hall can amend his suit against the city because the officer coerced a confession as a result of "desperation, fear, and fatigue,” and to not allow his case to be heard would be an injustice. See: Hall v. City of L.A., 697 F.3d 1059 (9th Cir. Cal. 2012).

Source: Los Angeles Times, September 24, 2012

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