Chavez v. Robinson

Defendants imposed jail sanction on plaintiff on probation assigned to sex offender treatment program for refusing to admit guilt of sexual misconduct for which he had been convicted while appeal was pending; court holds plaintiff had no cause of action for violation of Fifth Amendment right to remain silent because he did not make an incriminating statement, nor was one used against him in a criminal case; officials’ actions did not violate core Fifth Amendment right, but only judge-made prophylactic rule shielding individuals from government compulsion to make incriminating statements, and there is no § 1983 remedy for the latter; opinion engages in extensive discussion of case law following Chavez v. Martinez, 538 U.S. 760 (2003); court also rejects Sixth Amendment claim that officials denied his right to speak to counsel before admitting guilt of sexual misconduct because there was no denial of his right to counsel on appeal (he had an appellate lawyer), and no authority established that plaintiff had the right to counsel in connection with supervised release proceedings or a sex offender treatment program; court also rejects First Amendment claim that plaintiff was removed from treatment program in retaliation for filing lawsuit, reasoning it was reasonable to conclude that adversarial relationship in lawsuit was inconsistent with therapeutic relationship; see concurring and dissenting opinion by Judge Berzon, finding Fifth and Sixth Amendment violations.