It is this same issue, the voluntariness of his confession, that Simmons raises in his
§ 1983 action. Although Simmons protests that he is asserting an excessive use of force claim and an equal protection claim apart from challenging the confession, this contention is belied by the language of his complaint. In four separate counts in his complaint, Simmons alleges that police used excessive physical force and violated his equal protection rights. In each count, Simmons goes on to allege that police officers intentionally used such physical and mental abuse to coerce his confession and that the abuse resulted in such a coerced confession. For example, in Count I, Simmons alleges that excessive force was used against him and that such force was “intentionally used to coerce Plaintiff into confessing,” and that, as a result of such physical abuse, plaintiff was in fact “coerced into confessing to a murder which he did not commit.”
See Second Am.Compl., Count I. This language is repeated in Counts II, III, and V.