This section contains the nature of the case and procedural background.

This case was on remand from the United States Supreme Court in a 42 U.S.C. § 1983 action alleging violations of P's Fifth Amendment right against compelled self-incrimination in his criminal case. The panel reversed the district court's judgment on a jury verdict in favor of Ds and remanded for a new trial on P's Fifth Amendment claim that his confession was coerced. The Supreme Court held that a violation of Miranda is not itself a violation of the Fifth Amendment and that there was no justification for expanding Miranda to confer a right to sue under §1983. On remand, P conceded that his Miranda claim was no longer viable, but maintained that he was entitled to a new trial on his Fifth Amendment coercion claim because the district court improperly excluded the testimony of coerced confessions expert Dr. Iris Blandón-Gitlin.

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