Martin A Schwartz

October 23, 2024 | New York Law Journal

Martin Schwartz discusses the legal landscape for individuals challenging the constitutionality of what they believe to be a retaliatory arrest.

By Martin A. Schwartz

12 minute read

August 30, 2024 | New York Law Journal

"Section 1983 authorizes a claim for relief only for violations of federally protected rights, not state law rights," writes Martin A. Schwartz.

By Martin A. Schwartz

9 minute read

July 01, 2024 | New York Law Journal

The U.S. Court of Appeals for the Sixth Circuit recently issued an important decision on the use of taser force against a passively resisting suspect in 'Saalim v. Walmart'.

By Martin A. Schwartz

13 minute read

May 06, 2024 | New York Law Journal

Although Section 1983 and the Fourteenth Amendment draw a dichotomy between state action and private action, the real world is much messier than that. In 'Lindke v. Freed', the U.S. Supreme Court in a unanimous decision provided guidance for determining when a state or local official's social media activities constitute state action.

By Martin A. Schwartz

10 minute read

March 04, 2024 | New York Law Journal

Fourth Amendment law provides that police use of force during an arrest, stop or other seizure must be reasonable. Despite the seemingly straightforward nature of the reasonableness standard, §1983 excessive force claims often generate many difficult issues. The recent decision in 'Sabbe v. Washington County Board of Commissioners' illustrates some of these issues.

By Martin A. Schwartz

13 minute read

December 29, 2023 | New York Law Journal

In 2019, the New York Legislature enacted the Child Victim's Act, which revived claims of sexual abuse against a child who was less than 18 years old when the abuse occurred that were barred by the statute of limitations. The statute clearly applies to claims based on New York state law, but does the New York law also apply to §1983 claims?

By Martin A. Schwartz

10 minute read

November 06, 2023 | New York Law Journal

Police fabrication of evidence gives rise to a steady stream of §1983 fabrication of evidence claims, which frequently raise important, difficult legal issues. The recent decision in 'Barnes v. City of New York' illustrates some of the complications that can arise.

By Martin A. Schwartz

10 minute read

September 01, 2023 | New York Law Journal

In his Section 1983 Litigation column, Martin A. Schwartz addresses how some federal statues are enforceable under §1983 while others are not by focusing on the recent Supreme Court decision in the Health and Hospital Corp. of Marion County v. Talevski case.

By Martin A. Schwartz

9 minute read

June 30, 2023 | New York Law Journal

Although damages cannot truly make a wrongfully convicted and incarcerated person whole, the law does the best it can do with financial compensation. The financial stakes in these cases are great.

By Martin A. Schwartz

10 minute read

May 01, 2023 | New York Law Journal

The U.S. Court of Appeals for the Seventh Circuit's recent decision in Moran v. Calumet City illustrates some of the obstacles Section 1983 Brady plaintiffs have to overcome.

By Martin A. Schwartz

10 minute read