Qualified Immunity, A Suspect’s Right against Self-Incrimination, and Due Process

• The Doctrine of Qualified Immunity
• The Fifth Amendment Right Against Self-Incrimination
• The Fourteenth Amendment Right to Due Process
• A Fourteenth Amendment Due Process Violation That “Shocks the Conscience”
• A Police Officer’s Duty to Intervene

(1) An officer’s violation of a suspect’s constitutional rights will not result in the officer’s civil liability unless the unlawfulness of the officer’s actions was clearly established by prior case law.  (2) An in-custody suspect’s clear and unequivocal invocation of his right to the assistance of counsel, when ignored by law enforcement and results in incriminating statements that are used in trial against the suspect, is a Fifth Amendment violation.  (3) A police officer who, while interrogating a suspect, threatens to tell the court or a prosecutor that the suspect failed to cooperate by refusing to ....