On the evening of August 17, 2012, 13-year-old Art Tobias (“Plaintiff”), allegedly a budding gang member of the Mara Salvatrucha (better known as MS-13) criminal street gang, “participated” in the murder of Edwin Cruz.  (The details of his “participation” in this murder are not in issue in this case, and are not discussed.)  Shortly thereafter, in the early morning hours of the 18th and in another part of Los Angeles near the downtown area, Alex Castaneda was also shot and killed in what appeared to be part of an ongoing feud between the Mara Salvatrucha and 18th Street gangs.   A security camera on a nearby building caught the shooter on videotape.  Detectives investigating Castaneda’s murder showed the video to another LAPD gang enforcement officer and others, all of whom tentatively identified plaintiff as the shooter.  Plaintiff was therefore arrested and brought to an LAPD station for interrogation.  Detectives Michael Arteaga, Julian Pere, and Jeff Cortina participated at various points in the interrogation, with Detectives Pere and Cortina starting it off.   Plaintiff initially denied being a gang member, although he admitted that his previous school “had [him] on gang file” for being a part of MS-13.  (Plaintiff was later determined to be a member of the “M.S. 13 Tiny Winos” gang, and went by the moniker of “Casper.”) After about 20 minutes of background questioning, focusing on his ability (as a 13-year-old) to understand the difference between right and wrong (as required by In re Gladys R. (1970) 1 Cal.3rd 855, and Pen. Code § 26.), plaintiff was read his Miranda rights which he said he understood.  He was then shown the security camera video of the shooter.  Plaintiff’s immediate response was; “Who is that?”   When told that that was him, he immediately, and repeatedly, denied that he was the person depicted in the video.  When told that Castaneda’s murder occurred near the downtown area of L.A., plaintiff claimed that he was miles away at the time, in Arcadia, and that a friend’s mother had dropped him off at his home shortly before midnight.  Detectives Pere and Cortina persisted in accusing plaintiff of being the shooter, falsely telling him that “somebody gave you up.”  But then, unexpectedly, plaintiff interrupted and asked: “Could I have an attorney? Because that's not me.”  In response to this request, he was told only that he would later “have the opportunity.”  But then the interrogation continued without any further references to an attorney, and with plaintiff continuing to deny having shot Castaneda.  After about 35 minutes, Detectives Pere and Cortina gave up, telling plaintiff he would be booked for murder despite his denials.  Leaving him alone in the interrogation room, they told him that his mother would be in to see him shortly.  Instead, Detective Arteaga came in, pulled a chair up close to him (i.e., got in his face), and began the questioning anew, but now “in an aggressive tone.”  Over the next 40 minutes, Detective Arteaga lied to plaintiff about somebody having given him up, cursed at him, and told him that by failing to confess he looked like a “cold-blooded killer.”  Detective Arteaga brought up plaintiff’s mother multiple times, telling him that he (the detective) had “just talked to your mom right now, okay? She’s in there crying her eyes off (sic). She’s crying like a baby, bro.” Detective Arteaga later told plaintiff:  “Your mom’s gone. She—she left crying.” He also told plaintiff that his mother had identified him from the video (a true statement, but an identification she later recanted).  The detective told plaintiff that by denying his crime, he was going to “drag [his] mom into this” by forcing her to take the stand to testify against him.  He also told plaintiff that by continuing to “lie,” he was going to suffer a harsher punishment and that he would lose the “goodwill” he would otherwise get by being so young.  He then told plaintiff that as a 13-year-old, he would typically get some help, but that “we can’t help you if you’re going to sit here and lie and . . . just be a cold-blooded killer.”  While telling him that they had a lot more evidence on him than he knew, he was also told that the district attorney was going to see him as nothing but a “cold blooded killer,” and that the court as well would “think you’re a big time gang killer who didn’t want to tell the truth, who is down for the hood. It’s going to look like you're down—you're so down for the hood that you didn't want to speak. So they might throw the book at you.” After repeating “nine separate times” in a 90-minute interview that his refusal to tell the truth made him look like a “cold blooded killer,” plaintiff finely relented, and confessed.  But as soon as plaintiff’s mother was allowed in to see him, he immediately recanted his confession, telling her that “they forced me to.”  With murder charges filed in Juvenile Court, the magistrate denied plaintiff’s motion to suppress his confession, ruling that his attempt to invoke his right to counsel was not “clear and unambiguous,” at least under these circumstances.  With the magistrate making a true finding as to the allegation of murder, plaintiff appealed.  The California’s Second District Court of Appeal (Div. 7) reversed, ruling that plaintiff had in fact made a clear and unequivocal invocation of this right to the assistance of counsel under Miranda, and that his confession should have been suppressed.  (See In re Art T. (Feb. 11, 2015) 234 Cal.App.4th 335, briefed at California Legal Update, Vol. 20, #4, Apr. 4, 2015.  Plaintiff was also convicted of having murdered Edwin Cruz, a matter which is not the subject of this appeal.)  Plaintiff subsequently filed this lawsuit in federal court pursuant to 42 U.S.C. § 1983, arguing that the civil defendant LAPD detectives had violated his Fifth Amendment right against self-incrimination, and his Fourteenth Amendment right to due process.  The federal district court denied the civil defendants’ motion for summary judgment (i.e., to dismiss the case), ruling that the matter must go to trial.  The defendant detectives appealed.