Everyone agrees then-13-year-old Art Tobias did not kill Alex Castaneda. But that consensus was reached only after Los Angeles police interrogated the then-13-year-old, ignored his request for a lawyer, told him that he would look like a "cold-blooded killer" if he did not confess, and convicted him on the basis of his false confession. The state Court of Appeal reversed the conviction, concluding Tobias's confession should have been suppressed because the detectives failed to respect his unambiguous request for an attorney. Tobias sues the three LAPD cops who interrogated him for violating his Fifth and Fourteenth Amendment rights. LAPD: we deserve summary judgment based on qualified immunity. Ninth Circuit: Nope. Qualified immunity can't save you here. When a suspect says, "could I have an attorney," you must let him see an attorney. And then there's the issue of using unconstitutionally coercive interrogation techniques. Off to trial you go.
The case is Tobias v. Arteaga, No. 18-56360 (9th Cir. Apr. 27, 2021).