LINGLER v. FECHKO

No. 01-3554.

312 F.3d 237 (2002)

James LINGLER and Jeffrey Gezymalla, Plaintiffs-Appellants, v. John R. FECHKO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 10, 2002.


Attorney(s) appearing for the Case

W. Craig Bashein (briefed), Law Offices of R. William Bashein, Cleveland, OH, Paul W. Flowers (argued and briefed), Law Office of Paul W. Flowers, Cleveland, OH, for Plaintiffs-Appellants.

Nick Tomino (argued and briefed), Tomino & Latchney, LLC, Medina, OH, for Defendant-Appellee.

Before MARTIN, Chief Circuit Judge; DAVID A. NELSON and GILMAN, Circuit Judges.


OPINION

DAVID A. NELSON, Circuit Judge.

The issue in this appeal is whether it was unconstitutional, under the Fifth Amendment, for a police chief to exact statements from subordinate officers about on-the-job activities in which the officers may have broken the law. The district court held that the exaction of such statements did not violate the Fifth Amendment where there was no evidence that the officers had been required to waive their privilege against...

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