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Criminal Prosecution And Section 1983, Barry C. Scheck Apr 2016

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Qualified Immunity When Facts Are In Dispute, Leon Friedman Apr 2016

Qualified Immunity When Facts Are In Dispute, Leon Friedman

Touro Law Review

No abstract provided.


Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles Apr 2016

Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles

Touro Law Review

No abstract provided.


The Theory Of Municipal Custom And Practice, Karen Blum Apr 2016

The Theory Of Municipal Custom And Practice, Karen Blum

Touro Law Review

No abstract provided.


Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya Apr 2016

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Touro Law Review

No abstract provided.


Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky Apr 2016

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass Apr 2016

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.


Punitive Damages In Section 1983 Actions, John R. Williams Mar 2016

Punitive Damages In Section 1983 Actions, John R. Williams

Touro Law Review

No abstract provided.


Municipal Liability Under Section 1983 Independent Of Employee Liability, Karen M. Blum Mar 2016

Municipal Liability Under Section 1983 Independent Of Employee Liability, Karen M. Blum

Touro Law Review

No abstract provided.


The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz Mar 2016

The 2000-2001 Supreme Court Term: Section 1983 Cases, Martin A. Schwartz

Touro Law Review

No abstract provided.


When Does Force Become Excessive?, Taryn Prusinski Aug 2015

When Does Force Become Excessive?, Taryn Prusinski

Touro Law Review

No abstract provided.


Section 1983 Cases Arising From Criminal Convictions, Gail Donoghue May 2015

Section 1983 Cases Arising From Criminal Convictions, Gail Donoghue

Touro Law Review

No abstract provided.


New Issues Arising Under Section 1983, Martin A. Schwartz May 2015

New Issues Arising Under Section 1983, Martin A. Schwartz

Touro Law Review

No abstract provided.


Whistleblowing And Free Speech: Garcetti's Early Progeny And Shrinking Constitutional Rights Of Public Employees, J. Michael Mcguinness Apr 2014

Whistleblowing And Free Speech: Garcetti's Early Progeny And Shrinking Constitutional Rights Of Public Employees, J. Michael Mcguinness

Touro Law Review

No abstract provided.


The Qualified Immunity Defense: What's “Clearly Established” And What's Not, Karen M. Blum Apr 2014

The Qualified Immunity Defense: What's “Clearly Established” And What's Not, Karen M. Blum

Touro Law Review

No abstract provided.


Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky Apr 2014

Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Watch Your Step: Recovery For Inmate Slip And Fall - Rodriguez V. City Of New York, Brittany A. Fiorenza Mar 2013

Watch Your Step: Recovery For Inmate Slip And Fall - Rodriguez V. City Of New York, Brittany A. Fiorenza

Touro Law Review

No abstract provided.


Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz Jan 2013

Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


Supreme Court Fortifies Qualified Immunity For Law Enforcement Officers In Warrant Cases, Martin Schwartz Jan 2013

Supreme Court Fortifies Qualified Immunity For Law Enforcement Officers In Warrant Cases, Martin Schwartz

Scholarly Works

This article analyzes the significance of the United States Supreme Court decision in Messerschmidt v. Millender, 132 S.Ct. 1652 (2012), upon §1983 Fourth Amendment claims asserted against state and local law enforcement officers who apply for and enforce warrants. Millender 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. The author asserts that §1983 plaintiffs, who seek to recover damages based upon either the application or execution of an allegedly unconstitutional warrant, will now have to overcome various layers ...


Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz Jan 2013

Supreme Court Holds Grand Jury Witnesses Absolutely Immune From § 1983 Liability, Martin Schwartz

Scholarly Works

This article discusses the Supreme Court's ruling in Rehberg v. Paulk, 132 S. Ct. 1497 (2012), which extended the absolute witness immunity recognized in Briscoe v. LaHue, to grand jury witnesses. In an unanimous opinion, written by Justice Samuel A. Alito, Jr., the Court held that grand jury witnesses are absolutely immune from §1983 liability for their testimony, and even for conspiring to give false testimony.


Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum Dec 2012

Fourth Amendment Stops, Arrests And Searches In The Context Of Qualified Immunity, Erwin Chemerinsky, Karen M. Blum

Touro Law Review

No abstract provided.


Defining Instrumentalities Of Deadly Force, Tim Longo Oct 2011

Defining Instrumentalities Of Deadly Force, Tim Longo

Touro Law Review

No abstract provided.


Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum Oct 2011

Qualified Immunity: Further Developments In The Post-Pearson Era, Karen M. Blum

Touro Law Review

No abstract provided.


Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable Oct 2011

Twombly And Iqbal: The Introduction Of A Heightened Pleading Standard, Shira A. Sheindlin Honorable

Touro Law Review

No abstract provided.


Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable Oct 2011

Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Honorable

Touro Law Review

No abstract provided.


Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt Jan 2011

Wrongful Conviction Claims Under Section 1983, Martin A. Schwartz, Robert W. Pratt

Scholarly Works

No abstract provided.


Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz Jan 2010

Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz

Touro Law Review

Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is the most important civil statute in American law. To its credit, the United States Supreme Court understands the significance of § 1983.

For the past three decades, in virtually every single Term of theCourt, it has decided a substantial number of cases dealing with different facets of § 1983 litigation. Last Term, there was anunusual number of § 1983 decisions rendered by the United States Supreme Court ...


Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz Jan 2009

Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Supreme Court § 1983 Decisions-October 2008 Term, Martin A. Schwartz Jan 2009

Supreme Court § 1983 Decisions-October 2008 Term, Martin A. Schwartz

Scholarly Works

No abstract provided.


Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz Jan 2008

Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz

Touro Law Review

No abstract provided.