Martin A Schwartz

November 02, 2015 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz discusses the Seventh Circuit's recent analysis of the relationship between a plaintiff's §1983 due process claims based on violations of a criminal defendant's 'Brady v. Maryland' right to disclosure of exculpatory evidence, and available state law remedies. The court held that an available state law remedy for malicious prosecution did not defeat the plaintiff's §1983 constitutional claims.

By Martin A. Schwartz

11 minute read

October 30, 2015 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz discusses the Seventh Circuit's recent analysis of the relationship between a plaintiff's §1983 due process claims based on violations of a criminal defendant's 'Brady v. Maryland' right to disclosure of exculpatory evidence, and available state law remedies. The court held that an available state law remedy for malicious prosecution did not defeat the plaintiff's §1983 constitutional claims.

By Martin A. Schwartz

11 minute read

August 28, 2015 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz analyzes Kingsley v. Hendrickson, in which the U.S. Supreme Court held that pretrial detainee due process excessive force claims against jail officers are governed by an objective reasonableness standard.

By Martin A. Schwartz

12 minute read

August 27, 2015 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz analyzes Kingsley v. Hendrickson, in which the U.S. Supreme Court held that pretrial detainee due process excessive force claims against jail officers are governed by an objective reasonableness standard.

By Martin A. Schwartz

12 minute read

June 29, 2015 | New York Law Journal

Martin A. Schwartz uses case law to discuss how claims of excessive police force arise from the use of force against individuals suffering from mental illnesses and also under circumstances when an individual is being arrested for a criminal offense.

By Martin A. Schwartz

16 minute read

June 26, 2015 | New York Law Journal

Martin A. Schwartz uses case law to discuss how claims of excessive police force arise from the use of force against individuals suffering from mental illnesses and also under circumstances when an individual is being arrested for a criminal offense.

By Martin A. Schwartz

16 minute read

April 28, 2015 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz discusses summary judgment motions based on qualified immunity, the growing importance of videotaped encounters with the police for summary judgment, and jury instructions on the Fourth Amendment standard in a deadly force case.

By Martin A. Schwartz

13 minute read

April 27, 2015 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz discusses summary judgment motions based on qualified immunity, the growing importance of videotaped encounters with the police for summary judgment, and jury instructions on the Fourth Amendment standard in a deadly force case.

By Martin A. Schwartz

13 minute read

February 17, 2015 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz writes that the legal principles employed by the Supreme Court last term in 'Plumhoff v. Rickard' often make it very difficult for §1983 excessive force claimants to prevail, and that this is true even in deadly force cases.

By Martin A. Schwartz

13 minute read

February 16, 2015 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz writes that the legal principles employed by the Supreme Court last term in 'Plumhoff v. Rickard' often make it very difficult for §1983 excessive force claimants to prevail, and that this is true even in deadly force cases.

By Martin A. Schwartz

13 minute read