Chavez v. Martinez — Kennedy, J., concurring in part and dissenting in part

Summary

Justice Kennedy concurred in part and dissented in part regarding whether failure to provide Miranda warnings alone constitutes a completed constitutional violation under § 1983, agreeing it does not without more. He dissent that the Self-Incrimination Clause provides protection against compulsion at the time of interrogation, regardless of subsequent use at trial. Justice Kennedy would affirm the Court of Appeals decision that a § 1983 cause of action existed, joined Souter on remand instructions. Separate opinions by Stevens and Ginsburg concurred in part and dissented in part agreeing with Kennedy on substantive due process, while Scalia concurred only in the judgment.