Martin A Schwartz

September 03, 2021 | New York Law Journal

In his Section 1983 Litigation column, Martin Schwartz focuses on damages from lost earning capacity resulting from an arresting officer's infliction of excessive force in violation of the Fourth Amendment.

By Martin A. Schwartz

9 minute read

July 02, 2021 | New York Law Journal

In his Section 1983 Litigation column, Martin Schwartz discusses the recent Supreme Court ruling in 'Uzuegbunam v. Preczewski', where the court held that a claim for nominal damages can save a §1983 federal court case from dismissal for mootness, to illustrate the important role nominal damages play in §1983 constitutional litigation.

By Martin A. Schwartz

10 minute read

May 03, 2021 | New York Law Journal

A police arrest or stop is clearly a "seizure" within the meaning of the Fourth Amendment. In his Section 1983 Litigation column, Martin Schwartz raises the question of what if the officer's use of force did not occur in the course of an arrest or stop? In these cases, a court has to decide the threshold question of whether the officer's use of force constituted a "seizure."

By Martin A. Schwartz

14 minute read

April 26, 2021 | New York Law Journal

In this edition of his Section 1983 Litigation column, Martin A. Schwartz discusses 'Tekoh v. County of Los Angeles', in which the Ninth Circuit recently held that where a suspect's statements obtained by a police officer in violation of 'Miranda' were introduced at a state criminal trial in the state's case-in-chief, the suspect may assert a §1983 claim for damages against the officer who obtained the statement.

By Martin A. Schwartz

9 minute read

March 01, 2021 | New York Law Journal

The Second Circuit's recent decision in 'Lucente v. County of Suffolk' provides important guidance on the relevance and sufficiency of evidence to prove a municipal custom or practice. Martin A. Schwartz discusses the case in this edition of his Section 1983 Litigation column.

By Martin A. Schwartz

10 minute read

January 04, 2021 | New York Law Journal

In his Section 1983 Litigation column, Martin Schwartz joins jurists and academics who, over the last several years, have criticized the Supreme Court's qualified immunity jurisprudence, calling for its elimination or at least reform.

By Martin A. Schwartz

13 minute read

November 02, 2020 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz examines the remedy offered by 42 U.S.C. §1983 against municipalities based upon inadequate training of their police officers.

By Martin A. Schwartz

12 minute read

August 31, 2020 | New York Law Journal

In his column on Section 1983 Litigation, Martin A. Schwartz focuses on whether there is a civil remedy for Fourth Amendment violations by federal law enforcement officers. Section 1983 is limited to defendants who act under color of state law.

By Martin A. Schwartz

10 minute read

July 06, 2020 | New York Law Journal

This column by Martin A. Schwartz, on Section 1983 Litigation, focuses on three recent circuit court decisions rejecting claims of prosecutorial immunity for investigative actions.

By Martin A. Schwartz

12 minute read

June 05, 2020 | New York Law Journal

In this edition of his Section 1983 Litigation column, Martin A. Schwartz writes: The Supreme Court's jurisprudence is so heavily tilted in favor of police officers and municipalities sued under §1983 that excessive force claimants often do not have a realistic chance of recovery.

By Martin A. Schwartz

15 minute read