October 16th, 2018

Moon v. City of El Paso

Docket: 17-50572
Opinion Date: October 15, 2018
Judge: Don R. Willett
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

After plaintiff was exonerated for a crime that he served seventeen years in prison for, he filed suit against various government and law enforcement personnel over his wrongful conviction and imprisonment. The Fifth Circuit held that false imprisonment was a "continuing tort" in Texas and defendant's claim was timely filed; defendant's due process claim against the county defendants was properly dismissed as time-barred; but absolute immunity barred defendant's due process claim against the prosecutor. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.

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