Atkins

MEMORANDUM *

In this 42 U.S.C. § 1983 action, Herman Atkins appeals the district court’s summary judgment in favor of defendants Riverside County, Riverside County Deputy Sheriff Danny Miller, and California Department of Justice Serologist James Hall. We affirm summary judgment in favor of Hall and the County of Riverside on all claims. We also affirm summary judgment in favor of Miller with respect to Atkins’ claim of using unduly suggestive identification techniques. But we reverse on the fabrication of evidence and Brady claims against Miller.

I

The parties are aware of the factual and procedural history of this case. In a nutshell, Atkins served over eight years in prison for sexual assault and robbery before being exonerated on the basis of DNA evidence. BB at 2; ER 991 He subsequently brought this § 1983 action, alleging violations of his Due Process rights stemming from the investigation that led to his conviction. The district court granted summary judgment in favor of all defendants, and Atkins appeals. We address his allegations in turn.

A. The Brady claims

The prosecution’s failure to disclose material evidence favorable to the accused can violate the accused’s…