Section 1983 Litigation - Supreme Court Developments

20 Pages Posted: 17 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: 2000

Abstract

Section 1983 is the vehicle that allows individuals to enforce their federal constitutional rights against state government, municipal government, state officials, local officials and other state actors. Section 1983 litigation involves a battle; it is a battle between the individual on the one hand, and the government on the other. It is obviously a very important battle, a battle that takes place very frequently.

At a Symposium entitled, “New York State Constitutional Law: Trends and Developments,” the author discussed the Section 1983 litigation cases heard by the U.S. Supreme Court in the 1999 term; that discussion is presented in this Article. In terms of the major Section 1983 cases, the author analyzes these cases within the context of four different topics: the constitutional rights enforceable under Section 1983, to wit: procedural due process, substantive due process, and the Privileges and Immunities Clause of the Fourteenth Amendment; state action; the right to trial by jury; and qualified immunity.

Keywords: Section 1983 litigation, constitutional rights, procedural due process, substantive due process, Privileges and Immunities Clause, state action, right to jury trial, qualified immunity

Suggested Citation

Schwartz, Martin A., Section 1983 Litigation - Supreme Court Developments (2000). 16 Touro L. Rev. 207 (2000), Touro Law Center Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2437576

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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