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CASE ENTRY

Montoya v. Vigil

Allegation: Denver detectives coerce confession they know to be false out of developmentally disabled eighth grader. He’s convicted of murder and spends 13 years in prison before pleading guilty to lesser charge in exchange for release. Tenth Circuit: He hasn’t shown he’s innocent, so he can’t sue the detectives for malicious prosecution. But his false arrest claim, alleging detectives misrepresented and omitted important details on the arrest warrant affidavit, can go forward. (Click here for a news story on the case.)


Tags: 2018, False Arrest, Malicious Prosecution, Tenth Circuit

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