Oliverio Martinez v. City of Oxnard Oxnard Police Dept. Art Lopez, Chief Maria Pena Andrew Salinas Ron Zavala, and Ben Chavez

ORDER

We return to this case following remand from the United States Supreme Court. In 2001, we affirmed the district court’s grant of summary judgment denying qualified immunity to Sergeant Ben Chavez. Martinez v. City of Oxnard, 270 F.3d 852 (9th Cir.2001) (“Martinez I”). We entertained at that time only the interlocutory appeal from the district court’s denial of qualified immunity to Chavez. The Supreme Court reversed our holding Chavez was not entitled to qualified immunity be cause Martinez had a Fifth Amendment right against self-incrimination regardless of whether his statements were used against him in criminal proceedings, Chavez v. Martinez, — U.S. -, 123 S.Ct. 1994, 2001, 2007 , 155 L.Ed.2d 984 (2003); however, the Court left open the possibility that Chavez’s coercive interrogation of Martinez violated his then clearly established due process rights under the Fourteenth Amendment. Id. at 2008 . We hold that, if the facts as alleged are proven true, it did. Accordingly, Chavez is not entitled to qualified immunity on Martinez’s Fourteenth Amendment substantive due process claim.

The Fourteenth Amendment’s Due Process Clause protects individuals from state action that…