Michigan Gaming Control Board v. Moody

Issue: (1) Whether Garrity v. New Jersey and its progeny require regulators either to obtain a formal grant of immunity from all potential prosecutorial agencies or to issue a prophylactic notice about Garrity immunity before the regulators may take licensing action against a licensee who invokes the Fifth Amendment to avoid answering regulatory-related questions; and (2) whether an occupational licensee who shields himself from regulatory questioning with the Fifth Amendment and suffers licensing consequences can successfully wield the Fifth Amendment as a sword in a § 1983 action, even though the licensee provided no incriminating statements to the regulators and faced no criminal proceedings.