Hall v. City of Los Angeles, et al, No. 10-55770 (9th Cir. 2012)
Annotate this CaseAppellant appealed the district court's order granting summary judgment to appellees in this action brought pursuant to 42 U.S.C. 1983 after appellant spent nineteen years in prison convicted of murders that he did not commit. The court concluded that the district court properly granted summary judgment to appellees on appellant's fabrication-of-evidence claim, and affirmed on that basis. The court reversed, however, the district court's denial of appellant's motion to amend his complaint and remand to the district court with instructions to allow appellant to plead an explicit Fifth Amendment violation. The exceptional circumstances in this case persuaded the court that a remand was necessary to avoid manifest injustice.
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