Chavez v. Martinez, 538 U.S. 760, 25 (2003)

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784

CHAVEZ v. MARTINEZ

Opinion of Stevens, J.

a matter of law, that type of brutal police conduct constitutes an immediate deprivation of the prisoner's constitutionally protected interest in liberty. Because these propositions are so clear, the District Court and the Court of Appeals correctly held that petitioner is not entitled to qualified immunity.

I

What follows is an English translation of portions of the tape-recorded questioning in Spanish that occurred in the emergency room of the hospital when, as is evident from the text, both parties believed that respondent was about to die:

"Chavez: What happened? Olivero, tell me what happened.

"O[liverio] M[artinez]: I don't know.

"Chavez: I don't know what happened (sic)?

"O. M.: Ay! I am dying. Ay! What are you doing to me?

"No, . . . ! (unintelligible scream).

"Chavez: What happened, sir?

"O. M.: My foot hurts . . .

"Chavez: Olivera. Sir, what happened?

"O. M.: I am choking.

"Chavez: Tell me what happened.

"O. M.: I don't know.

"Chavez: 'I don't know.'

"O. M.: My leg hurts.

"Chavez: I don't know what happened (sic)?

"O. M.: It hurts . . .

"Chavez: Hey, hey look.

"O. M.: I am choking.

"Chavez: Can you hear? look listen, I am Benjamin

Chavez with the police here in Oxnard, look.

"O. M.: I am dying, please.

"Chavez: OK, yes, tell me what happened. If you are going to die, tell me what happened. Look I need to tell (sic) what happened.

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