The suit also claims Saldate attempted to use his un-witnessed, unrecorded interrogation to coerce a confession from Milke, based on a hunch that she must have been involved in the crime. Saldate was allegedly the first person to tell Milke her son was dead saying "We found your son, he was murdered. And you're under arrest."
Her attorneys say in the interrogation room alone with Saldea, Milke kept insisting she was innocent, but Saldate fabricated the confession and said Milke admitted to arranging her son's brutal murder.
Milke's suit also alleges the Phoenix Police Department manipulated the evidence to "fit" the fabricated confession.
Milke insists she never confessed to Detective Saldate, and that no other evidence directly implicated her in the crime.
The confession was the basis for the jury's guilty verdict which sent Milke to more than two decades on death row.
An appeals court turned Milke free, and ruled all charges should be dismissed. Milke is unable to be re-tried due to double jeopardy.
She remains under monitoring by an ankle bracelet while the county attorney's office appeals that ruling to the United States Supreme Court.