Taylor v. County of Pima, No. 17-16980 (9th Cir. 2019)Annotate this Case
Plaintiff filed a 42 U.S.C. 1983 action against the County and the City in state court, alleging violations of his constitutional rights to due process and a fair trial. In 1972, plaintiff was convicted of 28 counts of felony murder for causing a deadly fire at a Tucson hotel. In 2013, after plaintiff presented newly discovered evidence that arson did not cause the hotel fire, he entered into a plea agreement where the original convictions were vacated and he pleaded no contest to the same counts, was resentenced to time served, and released from prison. After the City removed the case to federal court, the district court granted in part and denied in part the County's motion to dismiss.
The Ninth Circuit exercised its discretion under 28 U.S.C. 1292(b) to deny the County's application for permission to appeal the denial of qualified immunity; held that section 1291's collateral order doctrine did not apply to the County's appeal and thus the panel did not have jurisdiction over it; and dismissed the County's appeal.
The panel held that a plaintiff in a 42 U.S.C. 1983 action may not recover incarceration-related damages for any period of incarceration supported by a valid, unchallenged conviction and sentence. Exercising its discretion under section 1292(b), the panel held that plaintiff's valid 2013 conviction and sentence were the sole legal causes of his incarceration, and thus he could not recover damages for wrongful incarceration.
The court issued a subsequent related opinion or order on August 14, 2019.