One of the fundamental liberties enshrined in the Fifth Amendment to our Constitution is the right not to be compelled to bear witness against oneself. The inquisitorial abuses of the Star Nos. 22-1353/1355/1357/1358/1360 Walters, et al. v. Richard Snyder, et al. Page 3 Chambers eventually led to the inclusion of this right in our Bill of Rights.¹ This bedrock privilege originates from the maxim “nemo tenetur seipsum accusare,” that “no man is bound to accuse himself.”² In the present case, the district court ordered the appellant state officials to testify at trial—to be witnesses against themselves—despite their invocation of their right against self-incrimination. According to the district court, appellants “waived”³ their right not to be witnesses against themselves at trial by voluntarily submitting to a discovery deposition.

We disagree. We conclude that the district court erroneously held that testifying at a pretrial deposition waives invocation of the privilege at a later trial in the same civil case. In doing so, we hold that a Fifth Amendment waiver does not extend to trial under these circumstances. Thus, we vacate and remand.