McSherry

This case is before us for the second time. In this appeal, Leonard McSherry appeals the district court’s order granting summary judgment on the ground of qualified immunity to the City of Long Beach (“City”), Long Beach Police Department (“LBPD”), Officer Norman Turley, and Sergeant Carthel S. Roberson. The allegations in this case stem from a kidnaping, rape, and molestation that occurred in Long Beach, California, in March of 1988. After McSherry served almost fourteen years in prison for these crimes, he was exonerated by DNA evidence and a confession by the actual perpetrator. McSherry then brought this suit, alleging violations of his civil rights pursuant to 42 U.S.C. § 1983 .

McSherry argues that Defendants violated his civil rights by: 1) fabricating the victim’s descriptions of the interior of the home where the rape occurred; 2) fabricating the victim’s identification of the vehicle used in the kidnaping; 3) coercing the victim’s identification of McSherry as the perpetrator; 4) ignoring exculpatory evidence; and 5) arresting McSherry without probable cause. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we af firm in part, reverse in part, vacate in part, and…