Section 1983 Litigation (Discussion from Symposium: The Supreme Court and Local Government Law The 1993-94 Term)

24 Pages Posted: 25 May 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 1995

Abstract

There were a number of decisions rendered by the U.S. Supreme Court in 1994 dealing with Section 1983 litigation. In the author’s opinion, the two most important of those decisions dealt with the litigation of malicious prosecution claims brought under Section 1983, Albright v. Oliver; and with prisoners' rights claims that are litigated under the Eighth Amendment deliberate indifference standard, Farmer v. Brennan. Somewhat significantly, both of those decisions were in favor of Section 1983 defendants, and this Article concentrates its analysis on those two cases. There are two other cases that are also discussed, in a more abbreviated form. One dealt with attempts by prisoners to attack the constitutionality of their convictions or sentences under Section 1983, Heck v. Humphrey. The other, Elder v. Holloway, dealt with qualified immunity issues.

Keywords: Section 1983 litigation, U.S. Supreme Court, malicious prosecution claims, prisoners’ rights, Eighth Amendment claims, deliberate indifference, constitutionality of criminal conviction, constitutionality of prison sentence, qualified immunity

Suggested Citation

Schwartz, Martin A., Section 1983 Litigation (Discussion from Symposium: The Supreme Court and Local Government Law The 1993-94 Term) (1995). 11 Touro L. Rev. 299 (1995), Touro Law Center Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2378546

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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