When a drug investigation turned into a brawl, Oliverio Martinez was shot five times and severely injured by a police officer. As Martinez lay in the hospital trauma room in severe pain, and despite repeated requests by emergency personnel to leave, Officer Chavez interrogated Martinez for about 45 minutes without informing him of his Miranda rights. Martinez sued under 42 U.S.C. § 1983, alleging that defendant subjected him to coercive interrogation in violation of his Fifth and Fourteenth amendment rights. The district court granted summary judgment for Martinez, denying Officer Chavez’s claim of qualified immunity. The Ninth Circuit affirmed, at 270 F.3d 852 (9th Cir. 2001). The Supreme Court granted certiorari on the question of the officer’s qualified immunity.

AAJ filed an amicus brief arguing that a narrow construction of the doctrine of qualified immunity is necessary to preserve constitutional rights. Oral argument was heard December 4, 2002.