Section 1983 Cases in the October 2004 Term

24 Pages Posted: 30 Apr 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 2006


Section 1983 authorizes the enforcement of a very broad array of federal constitutional rights against state and local officials and against local government. These federal rights run the range from prisoners’ rights to property rights cases, and everything in between. In the October 2004 Term, the Supreme Court decided three § 1983 cases involving the rights of prisoners and three cases involving the property rights of landowners. In addition, the Court decided three cases that dealt with Fourth Amendment rights under § 1983, and one that involved the enforcement of federal statutes under § 1983. These cases are reviewed and analyzed by the author in this Article, with commentary from Erwin Chemerinsky.

Keywords: U.S. Supreme Court, § 1983 litigation, federal constitutional rights, prisoners' rights, property rights, Fourth Amendment rights, §1983 enforcement of federal statutory rights

Suggested Citation

Schwartz, Martin A., Section 1983 Cases in the October 2004 Term (2006). 21 Touro L. Rev. 763 (2006), Touro Law Center Legal Studies Research Paper Series, Available at SSRN:

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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