Chavez v. Martinez — Scalia, J., concurring

Summary

Justice Scalia, concurring in part, agrees that Martinez’s Fifth Amendment claim under §1983 fails because the claim does not allege a violation of a protected constitutional right, and he notes that the Ninth Circuit’s substantive‑due‑process holding provides an independent basis for reversal. He argues that §1983 offers no remedy for violations of judicially created prophylactic rules such as Miranda.