Supreme Court Section 1983 Developments

18 Pages Posted: 17 May 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 1999


The Supreme Court was very active during its 1997-1998 Term in the area of Section 1983 litigation. Looking at the Section 1983 decisions from that term as a group, what is unique about them is that they send out an unusual number of important messages to litigators and judges who handle Section 1983 cases.

In this Article, the Supreme Court’s Section 1983 opinions issued in that Term are analyzed by the author. They are grouped for discussion purposes into five areas: 1) subject matter jurisdiction; 2) substantive due process; 3) prosecutorial immunity; 4) legislative immunity; and 5) qualified immunity.

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

Suggested Citation

Schwartz, Martin A., Supreme Court Section 1983 Developments (1999). 15 Touro L. Rev. 1483 (1999), Touro Law Center Legal Studies Research Paper, 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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