Cite as: 538 U. S. 760 (2003)
Opinion of Thomas, J.
Justice Thomas announced the judgment of the Court and delivered an opinion.*
This case involves a 42 U. S. C. § 1983 suit arising out of petitioner Ben Chavez's allegedly coercive interrogation of respondent Oliverio Martinez. The United States Court of Appeals for the Ninth Circuit held that Chavez was not entitled to a defense of qualified immunity because he violated Martinez's clearly established constitutional rights. We conclude that Chavez did not deprive Martinez of a constitutional right.
I
On November 28, 1997, police officers Maria Peña and Andrew Salinas were near a vacant lot in a residential area of Oxnard, California, investigating suspected narcotics activity. While Peña and Salinas were questioning an individual, they heard a bicycle approaching on a darkened path that crossed the lot. They ordered the rider, respondent Martinez, to dismount, spread his legs, and place his hands behind his head. Martinez complied. Salinas then conducted a
Assistant Attorney General, Stan Cross, Supervising Deputy Attorney General, and Lee E. Seale and Patrick J. Whalen, Deputy Attorneys General; for the City of Escondido by Jeffrey R. Epp and Richard J. Schneider; for 50 California Cities et al. by Girard Fisher; for the Criminal Justice Legal Foundation by Kent S. Scheidegger and Charles L. Hobson; and for the National Association of Police Organizations by Devallis Rutledge and William J. Johnson.
Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union Foundation et al. by Mark D. Rosenbaum, Steven R. Shapiro, Susan N. Herman, John T. Philipsborn, and Erwin Chemerinsky; for the Association of Trial Lawyers of America by Jeffrey L. Needle; and for the National Police Accountability Project et al. by Susan R. Klein and Michael Avery.
*The Chief Justice joins this opinion in its entirety. Justice O'Connor joins Parts I and II-A of this opinion. Justice Scalia joins Parts I and II of this opinion.
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