Martin A. Schwartz Excessive Force Claims Against Federal Officers
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.
August 31, 2020 at 01:00 PM
10 minute read
The police killing of George Floyd in Minneapolis sparked nationwide protests calling for reforms in police practices. The center of attention was use of force by state and local law enforcement officers. Section 1983 provides a remedy for constitutional violations by state and local officers. The §1983 remedy is subject to numerous defenses. The public trained its attention on the defense of qualified immunity, which protects the officer from liability so long as she did not violate clearly established federal law. Numerous jurists and academics across the country have called for the elimination or modification of qualified immunity, but the Supreme Court so far has left it firmly in place.
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