Koh v. Ustich

Federal 7th Circuit Court
Civil Court
Qualified Immunity
Citation
Case Number: 
No. 18-1809 & 18-1821 Cons.
Decision Date: 
August 13, 2019
Federal District: 
N.D. Ill., E. Div.
Holding: 
Appeals dismissed

Ct. of Appeals dismissed appeals of defendants-police officials and interpreter, who challenged Dist. Ct.’s denial of their motions for summary judgment on qualified immunity grounds in plaintiff’s section 1983 action, alleging that defendants violated his 5th Amendment rights by coercing him to say that he killed son in self-defense. Dist. Ct found that plaintiff, who spoke Korean with limited understanding of English, did not understand Miranda warnings that were given in English, and record contained dispute as to whether interpreter accurately informed plaintiff of his Miranda rights. Moreover, police officials’ claim on appeal, that there was no prior case law establishing that their conduct violated 5th Amendment, was impermissible factual challenge on Dist. Ct’s findings regarding plaintiff’s confusion during two interrogations, as well as impact of plaintiff’s lack of medications and sleep on statements made by plaintiff during said interrogations, that could not be challenged in instant interlocutory appeal. Similarly, defendant interpreter also participated in interrogation of plaintiff and could not challenge in instant appeal Dist. Ct.’s factual determinations regarding his role in alleged coerced interrogations.