Chavez v. Martinez
A suspect sued a police sergeant under ยง 1983 for violation of his Fifth and Fourteenth Amendment rights. The suspect had been questioned by the police while he was being treated for life-threatening gunshot wounds, before he had been read his Miranda rights, despite his repeated requests for the questioning to stop, and despite losing consciousness several times during the questioning. The district court granted summary judgment in favor of the suspect. The court of appeals affirmed, holding that (1) the suspect’s rights were violated regardless of the state’s later use of the statement, and that (2) in those circumstances, the suspect's right to be free of police coercion was clearly established.
Questions Presented:
1. Was the Ninth Circuit correct in characterizing the Supreme Court's Fifth Amendment discussion in United States v. Verdugo-Urquidez as
non-binding dicta and ignoring its holding favorable to a civil rights defendant?
2. Does a violation of the Fifth Amendment, potentially resulting in an award of civil damages, occur at the time of the purported coercive interview or only when and if the state introduces the
constitutionally violative statement in a criminal proceeding?
3. Was the Ninth Circuit correct in holding that the conduct of the investigating officer in this case was so offensive as to deny him qualified immunity?
