Legal Opinion
Vogt v. City of Hays
Court of Appeals for the Tenth Circuit
Decided January 4, 2017No. 15-3266PublishedCited by 14 opinions
1Opinion of the Court
BACHARACH, Circuit Judge.
Mr. Matthew Vogt alleges a violation of the Fifth Amendment through the compulsion to incriminate himself and the use of his compelled statements in a criminal case. Based on the alleged Fifth Amendment violation, Mr. Vogt invokes 42 U.S.C. § 1983, suing (1) the City of Hays, Kansas; (2) the City of Haysville, Kansas; and (3) four police officers. The district court dismissed the complaint for failure to state a claim, reasoning that
• the right against self-incrimination is only a trial right and
• Mr. Vogt’s statements were used in pretrial proceedings, but not in a…
2Cases cited39 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Malloy v. HoganSupreme Court of the United States · 1964
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Khalik v. United Air LinesCourt of Appeals for the Tenth Circuit · 2012
34 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Montoya v. VigilCourt of Appeals for the Tenth Circuit · 2018
- United States v. ChavezCourt of Appeals for the Tenth Circuit · 2021
- Tonjes v. Park Cnty. Sheriff's OfficeDistrict Court, D. Colorado · 2018
- State v. AyonNew Mexico Supreme Court · 2023
- Vercos v. Board of County CommissionersDistrict Court, D. Colorado · 2017
9 more not listed; retrieve them via the Exa API.