Civil Litigation
Sep. 21, 2022
No conviction, so no malicious prosecution, attorneys argue
The plaintiff claims in a suit against the police and a prosecutor that his photo lineup identification violated his constitutional rights because he did not match the witness’ initial physical description and he was wrongly included in two separate lineups.
The Oakland Police Department and an assistant district attorney for Alameda County attempted to defeat a lawsuit brought by a man who claims he spent two years in prison because the defendants, “intentionally failed in appreciating exculpatory evidence,” at a motion hearing before U.S. District Judge Edward M. Chen.
The defendants’ denied any wrongdoing in their separate motions for summary judgment and argued in a Monday hearing that the...
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