Section 1983 Litigation: Supreme Court Review: A Roundtable Dialogue

54 Pages Posted: 8 May 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Erwin Chemerinsky

University of California, Berkeley - School of Law

Date Written: 2003

Abstract

The two authors, with commentary from Karen Blum and the Hon. George Pratt, discuss and analyze the §1983 Civil Rights cases that were decided by the United States Supreme Court during the 2002 Term. To facilitate their discussion, the authors group the cases discussed into five categories: enforcement of constitutional rights under §1983; qualified immunity matters; enforcement of federal statutes under §1983; cases involving pleading issues; and Bivens claims.

The authors' discussion of the cases puts these holdings in a broader context as they consider the litigation significance of the decisions and, at times, disagree on the issues at hand.

Keywords: Section 1983 litigation, U.S. Supreme Court, enforcement of constitutional rights, qualified immunity, enforcement of federal statutes, pleading issues, Bivens claims

Suggested Citation

Schwartz, Martin A. and Chemerinsky, Erwin, Section 1983 Litigation: Supreme Court Review: A Roundtable Dialogue (2003). 19 Touro L. Rev. 625 (2003), Touro Law Center Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2375805

Martin A. Schwartz (Contact Author)

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

225 Eastview Drive
Central Islip, NY 11722
United States

Erwin Chemerinsky

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

HOME PAGE: https://www.law.berkeley.edu/our-faculty/faculty-profiles/erwin-chemerinsky/

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