Fundamentals of Section 1983 Litigation

26 Pages Posted: 9 May 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 2001

Abstract

This Article consists of excerpts from the author's presentation made at the Practising Law Institute's 16th Annual Section 1983 Civil Rights Litigation Program. Herein, the author addresses the fundamentals of Section 1983 litigation using a hypothetical fact pattern in a typical police misconduct case, together with a discussion of the relevant case law. The first part of the Article addresses the elements of the Section 1983 claim: a) deprivation of a federally protected right; b) causation; c) a “person” within the meaning of section 1983; and d) action under color of state law. The second part of the Article analyzes the immunity defenses, including absolute immunity and qualified immunity and its underlying issues. Lastly, the author addresses the issues that arise in claims seeking to prove municipal liability.

Keywords: Section 1983 litigation, deprivation of a federally protected right, causation, action under color of state law, immunity defenses, absolute immunity, qualified immunity, municipal liability

Suggested Citation

Schwartz, Martin A., Fundamentals of Section 1983 Litigation (2001). 17 Touro L. Rev. 525 (2001), Touro Law Center Legal Studies Research Paper Series, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2375241

Martin A. Schwartz (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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