Martin A Schwartz

October 29, 2018 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz describes how Tasers operate and reviews the general Fourth Amendment and qualified immunity principles governing §1983 excessive force claims.

By Professor Martin A. Schwartz

13 minute read

August 31, 2018 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz notes that probable cause is a complete defense to a § 1983 Fourth Amendment false arrest claim. But is it also a complete defense to a § 1983 First Amendment retaliatory arrest claim?

By Martin A. Schwartz

12 minute read

July 02, 2018 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz notes that qualified immunity has recently come under attack by prominent federal jurists and legal scholars.

By Martin A. Schwartz

4 minute read

April 30, 2018 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz analyzes “custom or practice” municipal liability. He explains the importance of this issue, explores the meaning of “custom and practice,” and identifies the types of evidence that may be admissible to prove a municipal custom or practice.

By Martin A. Schwartz

13 minute read

March 05, 2018 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz discusses the recent decision in 'District of Columbia v. Wesby', in which the U.S. Supreme Court articulates several important Fourth Amendment and qualified immunity principles.

By Martin A. Schwartz

14 minute read

November 02, 2017 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz explains how a series of decisions by the U.S. Supreme Court has brought us to the point that even the most blatantly unconstitutional conduct by prosecutors is frequently not redressable under §1983.

By Martin A. Schwartz

27 minute read

September 14, 2017 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz writes: For a §1983 claim based upon a law enforcement officer's perjurious testimony to succeed, the plaintiff will have to overcome the officer's absolute witness immunity, which applies regardless of how malevolent the officer's wrongdoing, or how injurious it was to the arrestee, and even if it caused a wrongful conviction.

By Martin A. Schwartz

11 minute read

July 10, 2017 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz writes that the U.S. Supreme Court recently overturned the Ninth Circuit's "provocation doctrine" on the ground that it was inconsistent with Fourth Amendment excessive force jurisprudence. The court held that whether officers who conduct an unconstitutional search are liable for injuries from their subsequent use of force depends upon the application of traditional proximate cause principles—but applying proximate causation in these circumstances is easier said than done.

By Martin A. Schwartz

11 minute read

June 27, 2017 | Daily Business Review

Since changes in the termination statute in 2007 permitting optional terminations, several hundred condominiums have been terminated in Florida. Most of these were as a result of the Great Recession where many condominium conversions, from rental apartments to condominiums, were reverted to rentals by terminations, writes Martin A. Schwartz.

By Commentary by Martin A. Schwartz

4 minute read

May 23, 2017 | New York Law Journal

Section 1983 Litigation columnist Martin A. Schwartz writes that the U.S. Supreme Court recently held that an arrestee's §1983 Fourth Amendment unreasonable seizure claim may challenge his pretrial detention, including detention after the issuance of legal process, such as a judicial determination of probable cause. The court, however, sidestepped the major issue of whether a §1983 malicious prosecution claim can be premised on a violation of Fourth Amendment rights.

By Martin A. Schwartz

25 minute read