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McDonough v. Crowe

Certiorari Denied

Petition for certiorari denied on January 10, 2010.

Docket No.10-377
Op. Below9th Circuit

Issue

(1) Whether use of a suspect's coerced testimony in a judicial proceeding short of a criminal trial in which penalties may be imposed violates the Fifth Amendment; (2) whether police interview techniques that have garnered judicial approval (such as lying) constitute coercion under the Fifth Amendment when applied to a minor; (3) whether a police officer's solely verbal conduct that does not involve any threat of harm constitutes a violation of the Fourteenth Amendment's guarantee of substantive due process; (4) whether a police officer's conduct must "shock the conscience" to violate the Fourteenth Amendment's guarantee against deprivation of familial companionship; and (5) whether the Ninth Circuit departed from established principles of qualified immunity in holding that a police officer may be liable under 42 U.S.C. § 1983 for interrogating a minor using solely verbal techniques that did not involve any threats.

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