Martin A Schwartz

April 28, 2017 | New York Law Journal

Section 1983 Litigation columnist Martin A. Schwartz writes that a municipality sued under §1983 may not be held liable solely because it employed a constitutional wrongdoer. Rather, the plaintiff must demonstrate that the violation of her constitutional rights was attributable to the enforcement of a municipal policy or practice. Recently, the admissibility of U.S. Department of Justice reports on the issue of municipal liability has been central to several cases.

By Martin A. Schwartz

24 minute read

March 02, 2017 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz writes: Rightly or wrongly, an arrest can impact on an individual's reputation. When a plaintiff asserting wrongful arrest or excessive force claims has been arrested multiple times, the jury may view him as simply a "bad dude" who is not deserving of relief, so attorneys in such cases fight hard over admissibility of the arrest record. Recent decisions provide a valuable discussion of the issue.

By Martin A. Schwartz

26 minute read

December 30, 2016 | New York Law Journal

In his Section 1983 column, Martin A. Schwartz examines how the courts have addressed questions of seizure under the Fourth Amendment in accidental shootings by police officers. Unlike intentional police shootings, which are clearly seizures, accidental police shootings can raise sticky Fourth Amendment "seizure" issues. Accidental police shootings do not come within a "one size fits all" constitutional model. On the contrary, some accidental police shootings are held to be Fourth Amendment seizures, while others are not.

By Martin A. Schwartz

23 minute read

November 02, 2016 | New York Law Journal

Section 1983 Litigation columnist Martin A. Schwartz examines the court's clarification of the undue burden test in abortion litigation as addressed by the U.S. Supreme Court in 'Whole Woman's Health v. Hellerstedt', which struck down two Texas statutory abortion policies because they violated a woman's substantive due process right to choose to have an abortion. The "admitting privileges" provision required physicians who perform abortions to have admitting privileges at a hospital within 30 miles of the abortion facility. The "surgical center" policy required abortion facilities to meet the minimum standards for ambulatory surgical centers. Schwartz notes that how the undue burden test operates as a standard of judicial review was arguably the most important aspect of and will almost certainly play a vital role in pending and future §1983 abortion litigation.

By Martin A. Schwartz

19 minute read

August 31, 2016 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz writes about a split ruling by the U.S. Supreme Court on alcohol testing. The court in 'Birchfield v. North Dakota' held (6-2) that the Fourth Amendment allows the police to compel a warrantless breathalyzer test incident to an arrest for driving while intoxicated (or impaired), but also held that absent exigent circumstances or consent, the Fourth Amendment bars warrantless blood alcohol testing incident to such an arrest.

By Martin A. Schwartz

23 minute read

June 27, 2016 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz discusses 'Heffernan v. City of Paterson', where the U.S. Supreme Court held that a police officer who was demoted because his superiors mistakenly believed he had engaged in political association was entitled to assert a §1983 First Amendment retaliation claim, even though he had not in fact engaged in any First Amendment activity.

By Martin A. Schwartz

27 minute read

May 02, 2016 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz discusses qualified and absolute immunity as applied to various functions carried out by prosecutors, witnesses, and various law enforcement officers who are being sued for §1983 evidence fabrication claims for money damages.

By Martin A. Schwartz

12 minute read

March 02, 2016 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz discusses cases in which §claimants who allege that law enforcement officers fabricated evidence against them were convicted of a crime, charged but acquitted, or had the charges against them dropped, which raises questions about the claimant's injury and the source of constitutional protection.

By Martin A. Schwartz

13 minute read

January 04, 2016 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz analyzes the U.S. Supreme Court's recent holding in 'Mullenix v. Luna', which is filled with important points concerning §1983 excessive force litigation.

By Martin A. Schwartz

12 minute read

December 31, 2015 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz analyzes the U.S. Supreme Court's recent holding in 'Mullenix v. Luna', which is filled with important points concerning §1983 excessive force litigation.

By Martin A. Schwartz

12 minute read