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Constitutional Law

Touro College Jacob D. Fuchsberg Law Center

Section 1983

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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

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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

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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.


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

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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

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No abstract provided.


Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein Jan 2007

Death Penalty And Right To Counsel Decisions In The October 2005 Term, Richard Klein

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No abstract provided.


Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer Jan 2006

Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer

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No abstract provided.


Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz Jan 2003

Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz

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No abstract provided.


New Issues Arising Under Section 1983, Martin A. Schwartz Jan 2002

New Issues Arising Under Section 1983, Martin A. Schwartz

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No abstract provided.


Fundamentals Of Section 1983 Litigation, Martin A. Schwartz Jan 2001

Fundamentals Of Section 1983 Litigation, Martin A. Schwartz

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No abstract provided.


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

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

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No abstract provided.


Should Juries Be Informed That Municipality Will Indemnify Officer’S 1983 Liability For Constitutional Wrongdoing?, Martin A. Schwartz Jan 2001

Should Juries Be Informed That Municipality Will Indemnify Officer’S 1983 Liability For Constitutional Wrongdoing?, Martin A. Schwartz

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No abstract provided.


Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz Jan 1999

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

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No abstract provided.


Supreme Court Section 1983 Developments, Martin A. Schwartz Jan 1999

Supreme Court Section 1983 Developments, Martin A. Schwartz

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No abstract provided.


Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz Jan 1999

Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz

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No abstract provided.


Section 1983 Litigation, Martin A. Schwartz, George C. Pratt Jan 1998

Section 1983 Litigation, Martin A. Schwartz, George C. Pratt

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No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1997

Section 1983 Litigation, Martin A. Schwartz

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No abstract provided.


Section 1983 In The Second Circuit, Martin A. Schwartz Jan 1994

Section 1983 In The Second Circuit, Martin A. Schwartz

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No abstract provided.


Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman Jan 1991

Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman

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No abstract provided.


Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, Leon Friedman Jan 1989

Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, Leon Friedman

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No abstract provided.


The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz Jan 1988

The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz

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No abstract provided.