Martin A Schwartz

September 24, 2012 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz, a professor at Touro Law Center, analyzes a case where the Supreme Court held that police officers who sought and executed a very broad warrant authorizing them to search a residence for guns and gang-related material were protected by qualified immunity.

By Martin A. Schwartz

13 minute read

December 09, 2005 | Law.com

Martin A. Schwartz, a law professor at Touro College's Jacob D. Fuchsberg Law Center, writes that a federal appeals court recently held that municipals entities are "clients" protected by the attorney-client privilege. Of course, a municipality can communicate with municipal counsel only through its officials and employees. Who, then, is the "client," the official (or employee) or the municipality?

By Martin A. Schwartz

10 minute read

February 15, 2012 | New York Law Journal

In his Public Interest Law column, Martin A. Schwartz, a professor at Touro Law Center, writes that a recent decision in the Second Circuit result in Shepherd cries out for corrective action by Congress. After all, he notes, although the plaintiff succeeded on a First Amendment claim, the PLRA effectively denied fees to his pro bono counsel.

By Martin A. Schwartz

15 minute read

April 17, 2012 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz, a professor at Touro Law Center, writes that the recent decision in 'Minneci,' holding that a federal prisoner could not assert a claim for damages for deprivations of his constitutional rights against employees of a company operating a federal prison, continues a consistent trend of U.S. Supreme Court decisions dating back to 1983 that have severely curtailed the 'Bivens' remedy.

By Martin A. Schwartz

14 minute read

July 05, 2013 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz, a professor at Touro Law Center, analyzes an important recent Seventh Circuit decision concerning the scope of a police officer's constitutional duty to intervene to prevent a fellow officer's use of excessive force and jury instructions on a failure-to-intervene claim.

By Martin A. Schwartz

12 minute read

January 30, 2013 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz, a professor at Touro Law Center, analyzes concerns such as (1) the distinction between the liability and damages phases; (2) prisoner medical treatment claims; (3) district court use of model circuit court instructions; and (4) municipal liability.

By Martin A. Schwartz

12 minute read

December 10, 2012 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz, a professor at Touro Law Center, analyzes rececnt decisions concerning: (1) the burden of proof in cases challenging warrantless searches; (2) deadly force claims; and (3) damages.

By Martin A. Schwartz

16 minute read

September 06, 2013 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz, a professor at Touro Law Center, writes that a series of U.S. Supreme Court decisions has made it difficult for individuals who were wrongfully convicted in state court to obtain compensation under §1983 for even egregious violations of their federally protected rights, but a recent decision of the Ninth Circuit gives §1983 plaintiffs seeking compensation for wrongful conviction a ray of hope.

By Martin A. Schwartz

11 minute read

November 29, 2011 | New York Law Journal

In his Public Interest Law column, Martin A. Schwartz, a professor at Touro Law Center, writes that although most Supreme Court decisions concerning statutory fees have focused on fee awards to prevailing plaintiffs, at the end of its last term the Supreme Court rendered an important decision concerning the rights of prevailing defendants.

By Martin A. Schwartz

12 minute read

December 09, 2005 | Law.com

Martin A. Schwartz, a law professor at Touro College's Jacob D. Fuchsberg Law Center, writes that a federal appeals court recently held that municipals entities are "clients" protected by the attorney-client privilege. Of course, a municipality can communicate with municipal counsel only through its officials and employees. Who, then, is the "client," the official (or employee) or the municipality?

By Martin A. Schwartz

10 minute read