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Touro Law Review

Litigation

Section 1983

Articles 1 - 18 of 18

Full-Text Articles in Law

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Fred Brewington Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

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.


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.


Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum Dec 2014

Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum

Touro Law Review

No abstract provided.


Making Out The Monell Claim Under Section 1983, Karen M. Blum Dec 2012

Making Out The Monell Claim Under Section 1983, Karen M. Blum

Touro Law Review

No abstract provided.


Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum Sep 2012

Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum

Touro Law Review

The Supreme Court's decision in Pearson v. Callahan marked a significant change in the structure of the analysis to be performedin the adjudication of the qualified immunity defense in§ 1983 litigation. Prior to Pearson, the Court required a mandatory two-step approach for the qualified immunity analysis. Whenever qualified immunity was raised in response to an alleged constitutional violation, the lower courts were instructed that the disposition of the qualified immunity issue required the court to first address the merits question. Under Saucier v. Katz, the courts were required first to decide whether the complaint stated a violation of a constitutional …


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 …


Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel Jan 2003

Wrongful Death Actions Under Section 1983, Martin A. Schwartz, Steven Steinglass, Richard Emery, Ilann Margalit Maazel

Touro Law Review

No abstract provided.


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

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

Touro Law Review

No abstract provided.


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

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

Touro Law Review

No abstract provided.


Section 1983 In The Second Circuit, Honorable George C. Pratt Jan 1997

Section 1983 In The Second Circuit, Honorable George C. Pratt

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1997

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1994

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


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

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

Touro Law Review

No abstract provided.


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

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

Touro Law Review

No abstract provided.


Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans Jan 1989

Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans

Touro Law Review

No abstract provided.