Section 1983 Litigation – Supreme Court Developments

20 Pages Posted: 21 May 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

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Date Written: 1999


Section 1983 is a vital part of American law because it is the statute that enables the courts to enforce the Bill of Rights and the Fourteenth Amendment against state and local officials. At the same time, Section 1983 litigation is typically very complex; it is quite multifaceted. It seems to generate an almost endless stream of new issues and nuances. The U.S. Supreme Court's decisions from the 1998 Term dealing with Section 1983 litigation illustrate the potential range of issues that can arise in litigation of a Section 1983 case. This Article analyzes the Section 1983 opinions issued by the Supreme Court in the 1998 Term. The author organizes the analysis by discussing the cases within the following topical groups: subject matter jurisdiction, specifically, removal jurisdiction; substantive due process (in the context of a high-speed police pursuit); absolute prosecutorial immunity; absolute legislative immunity; and qualified immunity.

Keywords: Section 1983 litigation, U.S. Supreme Court, subject matter jurisdiction, removal jurisdiction, substantive due process, prosecutorial immunity, legislative immunity, qualified immunity

Suggested Citation

Schwartz, Martin A., Section 1983 Litigation – Supreme Court Developments (1999). 15 Touro L. Rev. 859 (1999), 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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