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Constitutional Law

Martin A. Schwartz

Law enforcement

Publication Year

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Full-Text Articles in Law

Supreme Court Fortifies Qualified Immunity For Law Enforcement Officers In Warrant Cases, Martin Schwartz Jun 2014

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

Martin A. Schwartz

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 of …


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

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

Martin A. Schwartz

No abstract provided.