Gardner v. Broderick, 392 U.S. 273 (1968). · Go Syfert
Gardner v. Broderick, 392 U.S. 273 (1968). Cases Citing This Book View Copy Cite
2,359 citation events (612 in the last 25 years) across 135 distinct courts.
Strongest positive: USA V. JAMES WELLS (ca9, 2022-12-14)
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) USA V. JAMES WELLS (2×) also: Cited as authority (rule)
9th Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
if appellant, a policeman, had refused to answer questions specifically, directly, and narrowly relating to the performance of his official duties, . . . the privilege against self-incrimination would not have been a bar to his dismissal.
examined Cited as authority (verbatim quote) John Moody v. Mich. Gaming Control Bd. (5×) also: Cited as authority (quoted), Cited as authority (rule)
6th Cir. · 2017 · quote attribution · 4 verbatim quotes · confidence high
our decisions establish beyond dispute the breadth of the privilege to refuse to respond to questions when the result may be self-incriminatory, and the need to fully implement its guaranty
examined Cited as authority (verbatim quote) J.D. Hill v. Randy Johnson (7×) also: Cited "see", Cited "see, e.g."
8th Cir. · 1998 · signal: see · quote attribution · 1 verbatim quote · confidence high
petitioner could not have assumed--and certainly he was not required to assume--that he was being asked to do an idle act of no legal effect.
examined Cited as authority (verbatim quote) State in Interest of AL (4×) also: Cited as authority (quoted), Cited as authority (rule)
N.J. Super. Ct. App. Div. · 1994 · quote attribution · 3 verbatim quotes · confidence high
nswers may be compelled regardless of the privilege if there is immunity from federal and state use of the compelled testimony or its fruits in connection with a criminal prosecution against the person testifying
examined Cited as authority (verbatim quote) Guiney v. Police Commissioner of Boston (2×)
Mass. · 1991 · signal: see · quote attribution · 2 verbatim quotes · confidence high
police officer 'is directly, immediately, and entirely responsible to the city or state which is his employer. ... he is the trustee of the public interest, bearing the burden of great and total responsibility to his public employer
examined Cited as authority (quoted) Cummerlander v. Patriot Preparatory Academy Inc. (3×)
S.D. Ohio · 2015 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the mandate of the great privilege against self-incrimination does not tolerate the attempt, regardless of its ultimate effectiveness, to coerce a waiver of the immunity it confers on penalty of the loss of employment
examined Cited as authority (quoted) United States v. Levette Vangates (3×)
11th Cir. · 2002 · quote attribution · 3 verbatim quotes · confidence low
petitioner could not have assumed - and certainly he was not required to assume - that he was being asked to do an idle act of no legal effect.
examined Cited as authority (quoted) United States v. George Clemons, Jr. (3×)
6th Cir. · 1993 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
he mandate of the great privilege against self-incrimination does not tolerate the attempt, regardless of its ultimate effectiveness, to coerce a waiver of the immunity it confers on penalty of the loss of employment.
examined Cited as authority (quoted) Lonnie Benjamin and Harold Hicken v. The City of Montgomery (3×)
11th Cir. · 1986 · signal: see · quote attribution · 3 verbatim quotes · confidence high
petitioner could not have assumed - and certainly he was not required to assume - that he was being asked to do an idle act of no legal effect.
examined Cited as authority (quoted) Archie P. Sherar v. Joseph M. Cullen, District Director Internal Revenue Service (3×)
9th Cir. · 1973 · quote attribution · 3 verbatim quotes · confidence low
the mandate of the great privilege against self-incrimination does not tolerate the attempt, regardless of its ultimate effectiveness, to coerce a waiver of the immunity it confers on penalty of the loss of employment
discussed Cited as authority (rule) Zachariah Foltz v. City of St. Louis
Mo. Ct. App. · 2023 · confidence medium
The Court extended Garrity’s holding in Gardner v. Broderick, to prevent the termination of a police officer when the officer has refused to waive his right against self-incrimination. 392 U.S. 273, 274 (1968).
examined Cited as authority (rule) Scatchell v. Board of Fire & Police Commissioners for Melrose Park (4×) also: Cited "see", Cited "see, e.g."
Ill. App. Ct. · 2022 · confidence medium
Id. at 274, 278 .
examined Cited as authority (rule) WATKINS v. LOZIER (5×) also: Cited "see"
W.D. Pa. · 2021 · confidence medium
Pa. 2006) (in which a Social Security Administration employee’s removal was proposed for cause, not because of or subsequent to the assertion of her right under the Fifth Amendment); Fraternal Order of Police, 859 F.2d at 281-83 (finding that no Fifth Amendment violation existed where a police department required Special Investigation Unit applicants to fill out a questionnaire); United States v. Warren, 338 F.3d 258, 263-64 (3d Cir. 2003) (involving an appeal of a sentence following a guilty plea in which the court was asked to determine whether a defendant may invoke the Fifth Amendment an…
discussed Cited as authority (rule) GOYDOS v. RUTGERS, THE STATE UNIVERSITY
D.N.J. · 2021 · confidence medium
Given “the important public interest in securing from public employees an accounting of their public trust[,| [p]ublic employees may constitutionally be discharged for refusing to answer potentially incriminating questions concerning their official duties if they have not been required to surrender their constitutional immunity.” Lefkowitz, 431 U.S. at 806 (citing Gardner v. Broderick, 392 U.S. 273, 278-79 (1968)).
discussed Cited as authority (rule) Daniel Chavez v. David Robinson (2×) also: Cited "see, e.g."
9th Cir. · 2021 · confidence medium
Thus when employees have been discharged “not for failure to answer relevant questions about [their] official duties, but for refusal to waive a constitutional right” by signing a waiver document, Gardner v. Broderick, 392 U.S. 273, 279 (1968), the Court has held that “the State may not insist that appellees waive their Fifth Amendment privilege against self-incrimination and consent to the use of the fruits of the interrogation in any later proceedings brought against them,” Turley, 414 U.S. at 84–85; see also Gardner, 392 U.S. at 279 (invalidating the discharge of a police officer …
discussed Cited as authority (rule) In re: Loring Justice
6th Cir. · 2021 · confidence medium
See Lefkowitz v. Cunningham, 431 U.S. 801, 803 , 808–09 (1977) (attorney divested of political party office); Lefkowitz v. Turley, 414 U.S. 70 , 75–76, 84–85(1973) (architects threatened with loss of government contract); Gardner v. Broderick, 392 U.S. 273, 279 (1968) (police officer threatened with discharge); Garrity v. New Jersey, 385 U.S. 493 , 499–500 (1967) (same). - 14 - Case No. 20-5479, In re Justice But—at least in a civil proceeding—drawing an adverse inference isn’t a penalty.
discussed Cited as authority (rule) David Wilson v. State of Alaska
Alaska · 2021 · confidence medium
XIV, § 1 (“No state shall . . . deprive any person of life, liberty, or property, without due process of law.”); see Malloy v. Hogan, 378 U.S. 1, 6 (1964) (holding the Fourteenth Amendment protects the Fifth Amendment privilege against self- incrimination from infringement by states). 8 Lefkowitz v. Turley, 414 U.S. 70, 77 (1973). 9 Id. at 78 (citing Kastigar v. United States, 406 U.S. 441 (1972)). 10 385 U.S. 493 (1967). -10- 7500 but that if they refused to answer questions they could lose their positions.11 The Court concluded the resulting statements were coerced because “[t]he choi…
discussed Cited as authority (rule) Commonwealth v. Taylor, N., Aplt.
Pa. · 2020 · confidence medium
See, e.g., Spevack v. Klein, 385 U.S. 511, 514-16 (1967) (disbarment proceedings); Gardner, 392 U.S. at 278-79 (police departments); Turley, 414 U.S. at 84-85 (public contracting); Cunningham, 431 U.S. at 807-08 (political office); cf. Slochower, 350 U.S. at 557-59 (employment in state colleges); contra Baxter v. Palmigiano, 425 U.S. 308 , 318- 19 (1976) (declining to extend the Griffin rule to prison disciplinary matters). [J-97-2019] - 23 Self-incriminating statements only may be compelled, the Court has clarified, where the potential exposure to criminal punishment no longer exists.
discussed Cited as authority (rule) Matter of Sassi v. City of Beacon
N.Y. App. Div. · 2016 · confidence medium
The privilege against self-incrimination was not a bar to the disciplinary charges because the petitioner was not required to waive his immunity with respect to the use of the statements in a criminal proceeding (see Gardner v Broderick, 392 US 273, 278 [1968]; Matter of Matt v Larocca, 71 NY2d 154, 159-162 [1987]; Matter of Eck v County of Delaware, 36 AD3d 1180, 1182 [2007]; see also Matter of Cortes v County of Nassau, 248 AD2d 616, 617-618 [1998]).
examined Cited as authority (rule) Scott A. Criswell v. State of Indiana (3×) also: Cited "see"
Ind. Ct. App. · 2015 · confidence medium
Gardner v. Broderick, 392 U.S. 273, 276, 278-79 , 88 S.Ct. 1913 , 20 L.Ed.2d 1082 (1968); Chan v. Wodnicki, 123 F.3d 1005, 1009 (7th Cir.1997); Lenard v. Ar-gento, 699 F.2d 874, 896 (7th Cir.1983).
examined Cited as authority (rule) in Re: Thomas Lytle and Ellen Lytle (3×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Id., at 279, 88 S.Ct., at 1916, 20 crimination.
discussed Cited as authority (rule) People v. Lazarus
Cal. Ct. App. · 2015 · confidence medium
(See, e.g., Sanitation Men v. Sanitation Comm’r (1968) 392 U.S. 280, 283-285 [ 20 L.Ed.2d 1089 , 88 S.Ct. 1917 ] [city employees cannot be discharged for invoking and refusing to waive their privilege against self-incrimination]; Gardner v. Broderick (1968) 392 U.S. 273, 278-279 [ 20 L.Ed.2d 1082 , 88 S.Ct. 1913 ] [police officer could not be discharged for refusing to execute document purporting to waive constitutional rights and permit prosecution on the basis of his compelled testimony]; see also Lefkowitz v. Cunningham (1977) 431 U.S. 801 [ 53 L.Ed.2d 1 , 97 S.Ct. 2132 ] [declaring uncon…
discussed Cited as authority (rule) People v. McLean
N.Y. App. Div. · 2015 · confidence medium
With respect to public employees, “[u]nder both the State and Federal Constitutions, a statement made under threat of dismissal is protected by the privilege against self-incrimination and automatically immunized from use in criminal proceedings” (People v Corrigan, 80 NY2d 326, 329 [1992]; see Lefkowitz v Turley, 414 US 70, 78-79 [1973]; Gardner v Broderick, 392 US 273, 276-277 [1968]; Garrity v New Jersey, 385 US 493, 500 [1967]; Matter of Matt v Larocca, 71 NY2d 154, 159 [1987]; People v Avant, 33 NY2d 265, 271 [1973]; People v Smith, 29 AD3d 1035, 1037 [2006]).
discussed Cited as authority (rule) People v. Gonzales CA6
Cal. Ct. App. · 2015 · confidence medium
(Uniformed Sanitation Men Ass’n v. Comm’r of Sanitation (1968) 392 U.S. 280, 283 [Fifth Amendment violated when state fired public employees for invoking and refusing to waive the privilege against self- incrimination]; Gardner v. Broderick (1968) 392 U.S. 273, 276 [Fifth Amendment prohibits state from firing policeman for refusing to waive the privilege against self- incrimination].) In Lefkowitz v. Turley (1973) 414 U.S. 70 , licensed architects challenged a New York statute disqualifying contractors for public contracts if they refused to waive their Fifth Amendment immunity.
discussed Cited as authority (rule) Dansby Sr., Michael Edward v. State
Tex. App. · 2014 · confidence medium
The Fifth, Eighth, and Eleventh Circuits have stated that a defendant is owed no explicit notice of “use immunity” because 11 Lefkowitz v. Cunningham, 431 U.S. 801, 806 (1977); see also Turley, 414 U.S. at 79-84 ; Sanitation Men v. Commissioner of Sanitation, 392 U.S. 280, 283-84 (1968); Gardner v. Broderick, 392 U.S. 273, 278-79 (1968). 12 Minnesota v. Murphy, 465 U.S. 420, 426 (1984) (quoting Sanitation Men, 392 U.S. at 284 ). 13 Murphy, 465 U.S. at 435 n.7 (quoting Sanitation Men, 392 U.S. at 284 ); see also Cunningham, 431 U.S. at 805-06 ; Turley, 414 U.S. at 84-85 ; Gardner, 392 U.S. …
discussed Cited as authority (rule) Dansby, Michael Edward Sr.
Tex. Crim. App. · 2014 · confidence medium
The Fifth, Eighth, and Eleventh Circuits have stated that a defendant is owed no explicit notice of “use immunity” because 11 Lefkowitz v. Cunningham, 431 U.S. 801, 806 (1977); see also Turley, 414 U.S. at 79-84 ; Sanitation Men v. Commissioner of Sanitation, 392 U.S. 280, 283-84 (1968); Gardner v. Broderick, 392 U.S. 273, 278-79 (1968). 12 Minnesota v. Murphy, 465 U.S. 420, 426 (1984) (quoting Sanitation Men, 392 U.S. at 284 ). 13 Murphy, 465 U.S. at 435 n.7 (quoting Sanitation Men, 392 U.S. at 284 ); see also Cunningham, 431 U.S. at 805-06 ; Turley, 414 U.S. at 84-85 ; Gardner, 392 U.S. …
discussed Cited as authority (rule) People v. Friday
Cal. Ct. App. · 2014 · confidence medium
(Sanitation Men v. Sanitation Comm’r (1968) 392 U.S. 280, 283 [Fifth Amendment violated when state fired public employees for invoking and refusing to waive the privilege against self-incrimination]; Gardner v. Broderick (1968) 392 U.S. 273, 276 [Fifth Amendment prohibits state from firing policeman for refusing to waive the privilege against self-incrimination].) In Lefkowitz v. Turley (1973) 414 U.S. 70 , licensed architects challenged a New York statute disqualifying contractors for public contracts if they refused to waive their Fifth Amendment immunity.
cited Cited as authority (rule) Commonwealth v. Hunt
Mass. · 2012 · confidence medium
See Lefkowitz v. Cunningham, supra at 806 ; Uniformed Sanitation Men Ass’n v. Commissioner of Sanitation of N.Y., 392 U.S. 280, 284-285 (1968); Gardner v. Broderick, 392 U.S. 273, 279 (1968).
discussed Cited as authority (rule) Maldonado v. Superior Court (2×)
Cal. · 2012 · confidence medium
(Spielbauer, supra, at pp. 714-730 ; see Sanitation Men v. Sanitation Comm’r (1968) 392 U.S. 280, 285 [ 20 L.Ed.2d 1089 , 88 S.Ct. 1917 ]; Gardner v. Broderick (1968) 392 U.S. 273, 277-279 [ 20 L.Ed.2d 1082 , 88 S.Ct. 1913 ]; Uniformed Sanitation Men Assn., Inc. v. Commissioner of Sanitation of New York (2d Cir. 1970) 426 F.2d 619, 626-627 ; see also Adams v. Maryland (1954) 347 U.S. 179, 181 [ 98 L.Ed. 608 , 74 S.Ct. 442 ].) Here, as noted above, the parties agree that the Fifth Amendment protects petitioner against any direct or derivative use of his statements to the prosecution examiners…
discussed Cited as authority (rule) Billings Gazette v. City of Billings (2×)
Mont. · 2011 · confidence medium
Garrity, 385 U.S. at 500 ; Gardner v. Broderick, 392 U.S. 273, 276 , 88 S. Ct. 1913, 1915 (1968). ¶43 An employer, such as the City in this case, who threatens termination for an employee’s silence must inform the employee that the statements would be inadmissible in any criminal proceedings.
discussed Cited as authority (rule) Spielbauer v. County of Santa Clara
Cal. · 2009 · confidence medium
If appellant, a policeman, had refused to answer questions specifically, directly, and narrowly relating to the performance of his official duties, without being required to waive his immunity with respect to the use of his answers or the fruits thereof in a criminal prosecution of himself, . . . the privilege against self-incrimination would not have been a bar to his dismissal.” ( Gardner, supra, 392 U.S. 273, 278, fn. & citation omitted, italics added.) The second case, Sanitation Men v. Sanitation Comm’r (1968) 392 U.S. 280 [ 20 L.Ed.2d 1089 , 88 S.Ct. 1917 ] (Sanitation Men I), concer…
discussed Cited as authority (rule) United States v. Foley
D. Mass. · 2009 · confidence medium
Patricia Foley in her testimony did not claim otherwise — she stated only that Prough spoke "very firmly.” 7 .A public employer has the right to ask and expect answers to questions "specifically, directly, and narrowly relating to the performance of [the employee’s] official duties....” Gardner v. Broderick, 392 U.S. 273, 278, 88 S.Ct. 1913 , 20 L.Ed.2d 1082 (1968).
discussed Cited as authority (rule) State v. Crabtree
N.D. · 2008 · confidence medium
Lefkowitz v. Turley, 414 U.S., [70] at 79-84 [ 94 S.Ct. 316 , 38 L.Ed.2d 274 (1973) ]; Sanitation Men v. Commissioner of Sanitation, 392 U.S. 280, 283-284 [ 88 S.Ct. 1917 , 20 L.Ed.2d 1089 ] (1968); Gardner v. Broderick, 392 U.S. 273, 278-279 [ 88 S.Ct. 1913 , 20 L.Ed.2d 1082 ] (1968).
examined Cited as authority (rule) Aguilera v. Baca (16×) also: Cited "see"
9th Cir. · 2007 · confidence medium
See Lefkowitz v. Turley, 414 U.S. 70, 84-85 , 94 S.Ct. 316 , 38 L.Ed.2d 274 (1973); Uniformed Sanitation Men, 392 U.S. at 283 , 88 S.Ct. 1917 ; Gardner, 392 U.S. at 276, 278 , 88 S.Ct. 1913 . b.
examined Cited as authority (rule) Aguilera v. Baca (6×) also: Cited "see"
9th Cir. · 2007 · confidence medium
See Uniformed Sanitation Men Ass’n v. Comm’r of Sani- tation, 392 U.S. 280 (1968) (holding that the discharge of city employees for refusing to sign waivers of immunity or for invoking their privilege against self-incrimination violated the Fifth Amendment); Gardner, 392 U.S. at 273 (same); Garrity, 385 U.S. at 493 (holding that the state cannot use the incrimi- natory statement of an employee secured under threat of job loss in a subsequent criminal proceeding); see also Lefkowitz v. Cunningham, 431 U.S. 801, 806 (1977) (holding that the “government cannot penalize assertion of the cons…
examined Cited as authority (rule) Eck v. County of Delaware (3×) also: Cited "see", Cited "see, e.g."
N.Y. App. Div. · 2007 · confidence medium
However, an individual’s “[a]nswers may be compelled regardless of the privilege if there is immunity from federal and state use of the compelled testimony or its fruits in connection with a criminal prosecution against the person testifying” (Gardner v Broderick, supra at 276).
discussed Cited as authority (rule) United States v. Warren
3rd Cir. · 2003 · confidence medium
We see no basis for creating a fear-of- consequences exception to the safety valve provision. 10 804-808 (1977); Lefkowitz v. Turley, 414 U.S. 70, 77-84 (1973); Sanitation Men v. Comm. of Sanitation, 392 U.S. 280, 284-285 (1968); Gardner v. Broderick, 392 U.S. 273, 276-279 (1968) (all stating that sanctions such as loss of job, of state contracts, of future contracting privileges with the state, of political office, of the right to run for office and the revocation of probation are all impermissible “punishment” on the exercise of the privilege).
discussed Cited as authority (rule) Chavez v. Martinez (2×)
SCOTUS · 2003 · confidence medium
Lefkowitz v. Cunningham, 431 U. S. 801, 806 (1977) (“These cases settle that government cannot penalize assertion of the constitutional privilege against compelled self-incrimination by imposing sanctions to compel testimony which has not been immunized”); accord, Uniformed Sanitation Men Assn., Inc. v. Commissioner of Sanitation of City of New York, 392 U. S. 280 (1968); Gardner v. Broderick, 392 U. S. 273, 279 (1968).
discussed Cited as authority (rule) Ben Chavez v. Oliverio Martinez
SCOTUS · 2003 · confidence medium
Lefkowitz v. Cunningham, 431 U. S. 801, 806 (1977) ("These cases settle that government cannot penalize assertion of the constitutional privilege against compelled self-incrimination by imposing sanctions to compel testimony which has not been immunized"); accord, Uniformed Sanitation Men Assn., Inc. v. Commissioner of Sanitation of City of New York, 392 U. S. 280 (1968); Gardner v. Broderick, 392 U. S. 273, 279 (1968).
cited Cited as authority (rule) Sarah E. Atwell v. Lisle Park District
7th Cir. · 2002 · confidence medium
Gardner v. Broderick, 392 U.S. 273, 276, 278-79 , 88 S.Ct. 1913 , 20 L.Ed.2d 1082 (1968); Chan v. Wodnicki, 123 F.3d 1005, 1009 (7th Cir.1997); Lenard v. Argento, 699 F.2d 874, 896 (7th Cir.1983).
cited Cited as authority (rule) Atwell, Sarah E. v. Lisle Park Dist
7th Cir. · 2002 · confidence medium
Gardner v. Broderick, 392 U.S. 273, 276, 278-79 (1968); Chan v. Wodnicki, 123 F.3d 1005, 1009 (7th Cir. 1997); Lenard v. Argento, 699 F.2d 874, 896 (7th Cir. 1983).
discussed Cited as authority (rule) Commonwealth v. Hyde
Mass. · 2001 · confidence medium
See, e.g., O’Connor v. Police Comm’r of Boston, 408 Mass. 324, 328-329 (1990) (“public confidence in the police is a social necessity and is enhanced by procedures that deter [unlawful police conduct]”); Broderick v. Police Comm’r of Boston, 368 Mass. 33, 42 (1975), quoting Gardner v. Broderick, 392 U.S. 273, 277-278 (1968) (police officer “is a trustee of the public interest, bearing the burden of great and total responsibility to his public employer”).
discussed Cited as authority (rule) In Re Carroll
N.J. Super. Ct. App. Div. · 2001 · confidence medium
See, e.g., Garrity v. New Jersey, 385 U.S. 493, 500 , 87 S.Ct. 616, 620 , 17 L.Ed. 2d 562, 567 (1967)(holding "the protection of the individual under the Fourteenth Amendment against coerced statements prohibits use in subsequent criminal proceedings of statements obtained under the threat of removal from office"); Lefkowitz v. Turley, 414 U.S. 70, 84 , 94 S.Ct. 316, 325-26 , 38 L.Ed. 2d 274, 285-86 (1973) ("given adequate immunity, the State may plainly insist that employees either answer questions under oath about the performance of their job or suffer the loss of employment"); Gardner v. Br…
cited Cited as authority (rule) Ainsworth v. Commissioner, NH
1st Cir. · 2001 · confidence medium
See Garrity v. New Jersey, 385 U.S. 493 (1967); Gardner v. Broderick, 392 U.S. 273, 274 (1968); Uniformed Sanitation Men Ass'n v. Comm'r of Sanitation of New York, 392 U.S. 280 (1968).
discussed Cited as authority (rule) People v. Marchetta
N.Y. City Crim. Ct. · 1998 · confidence medium
(Gardner v Broderick, supra, at 278-279.) In a similar case decided the same day, Sanitation Men v Sanitation Commr. (supra), the Court, relying on its reasoning in Gardner (supra), held that the termination of 12 City employees for asserting their right against self-incrimination was unjustified as they had been presented with the “choice between surrendering their constitutional rights or their jobs.” (Sanitation Men v Sanitation Commr., supra, at 284.) Under these cases, “what is proscribed as unconstitutional is to condition public employment upon a waiver of the privilege against se…
discussed Cited as authority (rule) State v. Korkowski
N.J. Super. Ct. App. Div. · 1998 · confidence medium
In reaching its decision, the Supreme Court observed that: If appellant, a policeman, had refused to answer questions specifically, directly, and narrowly relating to the performance of his official duties, without being required to waive his immunity with respect to the use of his answers or the fruits thereof in a criminal prosecution of himself, the privilege against self-incrimination would not have been a bar to his dismissal. [Id. at 278, 88 S.Ct at 1916 , 20 L.
cited Cited as authority (rule) Harrison v. Wille
11th Cir. · 1998 · confidence medium
Gardner v. Broderick, 392 U.S. 273, 276-77 (1968).
discussed Cited as authority (rule) Watson v. County of Riverside
C.D. Cal. · 1997 · confidence medium
He first relies on the general rule against relegating police officers to a “watered-down version of constitutional rights” as noted by the Supreme Court in Garrity v. New Jersey, 385 U.S. 493, 500 , 87 S.Ct. 616, 620 , 17 L.Ed.2d 562 (1967), and Gardner v. Broderick, 392 .U.S. 273, 88 S.Ct. 1913 , 20 L.Ed.2d 1082 (1968).
discussed Cited as authority (rule) Patrick McMorrow v. Elaine Little
8th Cir. · 1997 · confidence medium
Id. at 434-35 (citing Lefkowitz v. Cunningham, 431 U.S. 801, 805-06 (1977); Lefkowitz v. Turley, 414 U.S. 70, 79-84 (1973); Uniformed Sanitation Men Ass'n v. Commissioner of Sanitation, 392 U.S. 280, 283-84 (1968); Gardner v. Broderick, 392 U.S. 273, 278-79 (1968); Garrity v. New Jersey, 385 U.S. 493, 498-99 (1967)).
cited Cited as authority (rule) Commonwealth v. Dormady
Mass. · 1996 · confidence medium
Gardner v. Broderick, 392 U.S. 273, 279 (1967).
Retrieving the full opinion text from the archive…
GARDNER
v.
BRODERICK, POLICE COMMISSIONER OF THE CITY OF NEW YORK, Et Al.
635.
Supreme Court of the United States.
Jun 10, 1968.
392 U.S. 273
Ronald Podolsky argued the cause and filed briefs for appellant., J. Lee Rankin argued the cause for appellees. With him on the brief were Norman Redlich, Stanley Buchs-baum, and Robert T. Hartmann., Michael J. Silverherg filed a brief for the Patrolmen’s Benevolent Association of the City of New York, Inc., as amicus curiae, urging reversal.
Fortas, Black.
Cited by 697 opinions  |  Published
5 passages pin-cited by 7 cases
Pinpoint authority: #15,782 of 633,719
Citer courts: Eleventh Circuit (6) · Sixth Circuit (6) · Ninth Circuit (3) · S.D. Ohio (3) · New Jersey Superior Court App … (2)
Me. Justice Fortas

delivered the opinion of the Court.

Appellant brought this action in the Supreme Court of the State of New York seeking reinstatement as a New York City patrolman and back pay. He claimed he was unlawfully dismissed because he refused to waive his privilege against self-incrimination. In August 1965, pursuant to subpoena, appellant appeared before a New York County grand jury which was investigating alleged bribery and corruption of police officers in connection with unlawful gambling operations. He was advised that the grand jury proposed to examine him concerning the performance of his official duties. He was advised of his privilege against self-incrimination, [1] but he was asked to sign a “waiver of immunity” after being told that he would be fired if he did not sign. [2] Following[*275] his refusal, he was given an administrative hearing and was discharged solely for this refusal, pursuant to § 1123 of the New York City Charter. [3]

[*276] The New York Supreme Court dismissed his petition for reinstatement, 27 App. Div. 2d 800, 279 N. Y. S. 2d 150 (1967), and the New York Court of Appeals affirmed. 20 N. Y. 2d 227, 229 N. E. 2d 184 (1967). We noted probable jurisdiction. 390 U. S. 918 (1968).

Our decisions establish beyond dispute the breadth of the privilege to refuse to respond to questions when the result may be self-incriminatory, and the need fully to implement its guaranty. See Spevack v. Klein, 385 U. S. 511 (1967); Counselman v. Hitchcock, 142 U. S. 547, 585-586 (1892); Albertson v. SACB, 382 U. S. 70, 80 (1965). The privilege is applicable to state as well as federal proceedings. Malloy v. Hogan, 378 U. S. 1 (1964); Murphy v. Waterfront Commission, 378 U. S. 52 (1964). The privilege may be waived in appropriate circumstances if the waiver is knowingly and voluntarily made. Answers may be compelled regardless of the privilege if there is immunity from federal and state use of the compelled testimony or its fruits in connection with a criminal prosecution against the person testifying. Counselman v. Hitchcock, supra, at 585-586; Murphy v. Waterfront Commission, supra, at 79.

The question presented in the present case is whether a policeman who refuses to waive the protections which the privilege gives him may be dismissed from office because of that refusal.

About a year and a half after New York City discharged petitioner for his refusal to waive this immunity, we decided Garrity v. New Jersey, 385 U. S. 493 (1967). In that case, we held that when a policeman had been compelled to testify by the threat that otherwise he would be removed from office, the testimony that he gave could not be used against him in a subsequent prosecution. Garrity had not signed a waiver of immunity and no immunity statute was applicable in the circumstances.[*277] Our holding was summarized in the following statement (at 500):

“We now hold the protection of the individual under the Fourteenth Amendment against coerced statements prohibits use in subsequent criminal proceedings of statements obtained under threat of removal from office, and that it extends to all, whether they are policemen or other members of our body politic.”

The New York Court of Appeals considered that Garrity did not control the present case. It is true that Garrity related to the attempted use of compelled testimony. It did not involve the precise question which is presented here: namely, whether a State may discharge an officer for refusing to waive a right which the Constitution guarantees to him. The New York Court of Appeals also distinguished our post -Garrity decision in Spevack v. Klein, supra. In Spevack, we ruled that a lawyer could not be disbarred solely because he refused to testify at a disciplinary proceeding on the ground that his testimony would tend to incriminate him. The Court of Appeals concluded that Spevack does not control the present case because different considerations apply in the case of a public official such as a policeman. A lawyer, it stated, although licensed by the state is not an employee. This distinction is now urged upon us. It is argued that although a lawyer could not constitutionally be confronted with Hobson’s choice between self-incrimination and forfeiting his means of livelihood, the same principle should not protect a policeman. Unlike the lawyer, he is directly, immediately, and entirely responsible to the city or State which is his employer. He owes his entire loyalty to it. He has no other “client” or principal. He is a trustee of the public interest, bearing[*278] the burden of great and total responsibility to his public employer. Unlike the lawyer who is directly responsible to his client, the policeman is either responsible to the State or to no one. [4]

We agree that these factors differentiate the situations. If appellant, a policeman, had refused to answer questions specifically, directly, and narrowly relating to the performance of his official duties, [5] without being required to waive his immunity with respect to the use of his answers or the fruits thereof in a criminal prosecution of himself, Garrity v. New Jersey, supra, the privilege against self-incrimination would not have been a bar to his dismissal.

The facts of this case, however, do not present this issue. Here, petitioner was summoned to testify before a grand jury in an investigation of alleged criminal conduct. He was discharged from office, not for failure to answer relevant questions about his official duties, but for refusal to waive a constitutional right. He was dismissed for failure to relinquish the protections of the privilege against self-incrimination. The Constitution of New York State and the City Charter both expressly provided that his failure to do so, as well as his failure to testify, would result in dismissal from his job. He was dismissed solely for his refusal to waive the immunity to which he is entitled if he is required to testify despite his constitutional privilege; Garrity v. New Jersey, supra.

We need not speculate whether, if appellant had executed the waiver of immunity in the circumstances, the effect of our subsequent decision in Garrity v. New Jersey, supra, would have been to nullify the effect of[*279] the waiver. New York City discharged him for refusal to execute a document purporting to waive his constitutional rights and to permit prosecution of himself on the basis of his compelled testimony. Petitioner could not have assumed — and certainly he was not required to assume — that he was being asked to- do an idle act of no legal effect. In any event, the mandate of the great privilege against self-incrimination does not tolerate the attempt, regardless of its ultimate effectiveness, to coerce a waiver of the immunity it confers on penalty of the loss of employment. It is clear that petitioner’s testimony was demanded before the grand jury in part so that it might be used to prosecute him, and not solely for the purpose of securing an accounting of his performance of his public trust. If the latter had been the only purpose, there would have been no reason to seek to compel petitioner to waive his immunity.

Proper regard for the history and meaning of the privilege against self-incrimination, [6] applicable to the States under our decision in Malloy v. Hogan, 378 U. S. 1 (1964), and for the decisions of this Court, [7] dictate the conclusion that the provision of the New York City Charter pursuant to which petitioner was dismissed cannot stand. Accordingly, the judgment is

Reversed.

Mr. Justice Black concurs in the result.

[For opinion of Mr. Justice Harlan, concurring in the result, see post, p. 285.]

1

The Assistant District Attorney said to appellant:

“You understand . . . that under the Constitution of the United States, as well as the Constitution of New York, no one can be compelled to testify against himself, and that he has a right, the absolute right to refuse to answer any questions that would tend to incriminate him?”
2

Appellant was told:

“You understand . . . that under the Constitution of New York, as well as the Charter of the City of New York, ... a public officer, which includes a police officer, when called before a Grand Jury to answer questions concerning the conduct of his public office and the performance of his duties is required to sign a waiver of immunity if he wishes to retain that public office?”

The document appellant was asked to sign was phrased as follows:

“I . . . do hereby waive all benefits, privileges, rights and immunity which I would otherwise obtain from indictment, prosecution, and punishment for or on account of, regarding or relating to any matter, transaction or things, concerning the conduct of my office or the[*275] performance of my official duties, or the property, government or affairs of the State of New York or of any county included within its territorial limits, or the nomination, election, appointment or official conduct of any officer of the city or of any such county, concerning any of which matters, transactions or things I may testify or produce evidence documentary or otherwise, before the [blank] Grand Jury in the County of New York, in the investigation being conducted by said Grand Jury.”
3

That section provides:

“If any councilman or other officer or employee of the city shall, after lawful notice or process, wilfully refuse or fail to appear before any court or judge, any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry, or having appeared shall refuse to testify or to answer any question regarding the property, government or affairs of the city or of any county included within its territorial limits, or regarding the nomination, election, appointment or official conduct of any officer or employee of the city or of any such county, on the ground that his answer would tend to incriminate him, or shall refuse to waive immunity from prosecution on account of any such matter in relation to which he may be asked to testify upon .any such hearing or inquiry, his term or tenure of office or employment shall terminate and such office or employment shall be vacant, and he shall not be eligible to election or appointment to any office or employment under the city or any agency.”

Section 6 of Article I of the New York Constitution provides:

“No person shall be . . . compelled in any criminal case to be a witness against himself, providing, that any public officer who, upon being called before a grand jury to testify concerning the conduct of his present office ... or the performance of his official duties . . . refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years . . . and shall be removed from his present office by the appropriate authority or shall forfeit his present office at the suit of the attorney-general.”
4

Cf. Spevack v. Klein, supra, at 519-520 (concurring in judgment).

5

The statements in my separate opinion in Spevack v. Klein, supra, at 519-520, to which the New York Court of Appeals referred, are expressly limited to situations of this kind.

6

See Miranda v. Arizona, 384 U. S. 436, 458-466 (1966), and authorities cited therein.

7

See, e. g., Griffin v. California, 380 U. S. 609 (1965); Malloy v. Hogan, supra.