Q&H Wins Major Victory in Federal Alleged Coerced Confession Case
Congratulations to Querrey & Harrow Shareholders Larry Kowalczyk and Megan Monaghan on obtaining summary judgment for a Detective and their municipality client in a serious civil rights case where plaintiff was incarcerated just under two years.
Federal District Court Judge Leinenweber issued his Memorandum Opinion and Order granting summary judgment on all claims in the matter of Abarca v. City 16 C 2494. Plaintiff, a primarily Spanish speaker, claimed he did not make a knowing waiver of his Miranda rights and was otherwise coerced into signing a statement in English admitting his guilt. At his criminal trial, he was found not guilty of criminal sexual abuse. Judge Leinenweber held that plaintiff indeed had made a voluntary waiver of Miranda and that there was no coercion as a matter of law, and entered judgment for the Defendants.