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Vogt v. City of Hays— F.3d —, Kansas, 2017 WL 34455 (10th Cir. Jan. 4, 2017)

Jan 4, 2017

In this appeal from an order of dismissal on the basis of qualified immunity, the Tenth Circuit held as a matter of first impression that the Fifth Amendment right against self-incrimination applies when the self-incriminating statements are used during a probable cause hearing.  However, because this was not clearly established at the time the plaintiff’s statements were obtained and used against him during the probable cause hearing, the court affirmed the district court’s ruling that the officer defendants were entitled to qualified immunity.