In a severely divided opinion, a plurality held that where petitioner was interrogated in violation of Miranda (Miranda v. Arizona (1966) 384 U.S. 436), but he was never charged with a crime and his answers were never used against him in a criminal proceeding, his Fifth Amendment rights were not violated. Thus, he could not maintain a civil rights action based upon violation of a Fifth Amendment right against the officer who interrogated him. In a part of the opinion joined by five members of the court, the matter was ordered remanded to determine if a violation of substantive due process occurred while the officer continued to question petitioner while he was being treated in the hospital for gunshot wounds.