About Martin A. Schwartz
Admitted to the bars of New York, the U.S. District Courts for the Southern and Eastern Districts of New York, the Second Circuit Court of Appeals, and the U.S. Supreme Court. Professor Schwartz was managing attorney of the Research and Appeals Bureau of Westchester (NY) Legal Services and argued three cases in that capacity before the United States Supreme Court. Publishing widely on civil rights issues, he is the author of a semi-monthly column in the New York Law Journal, on public interest law; author of a multi-volume treatise on Section 1983 civil rights litigation, titled Section 1983 Litigation: Claims and Defenses (Aspen, 4th ed., 2007); author of Section 1983 Litigation: Federal Evidence (Aspen, 4th ed., 2007); and co-author of Section 1983 Litigation: Jury Instructions (Aspen 2009). Professor Schwartz is chair of the Practising Law Institute’s annual program on Section 1983 litigation and Trial Evidence Programs and he is the co-chair of its annual Supreme Court Review. He has written a monograph on Section 1983 Litigation for the Federal Judicial Center and has participated in the New York Judicial Institute Training Program for state court judges. Professor Schwartz has also written numerous articles on section 1983 litigation.
- Constitutional Law
- Criminal Procedure
Touro College Jacob D. Fuchsberg Law Center
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Central Islip, NY, 11722
Phone: Office: 631-761-7141
Supreme Court Fortifies Qualified Immunity for Law Enforcement Officers in Warrant Cases 27 Mun. Law. 40 (2013)
This article analyzes the significance of the United States Supreme Court decision in Messerschmidt v. Millender, 132 S.Ct. 1652 (2012), upon §1983 Fourth Amendment claims asserted against state and local law enforcement officers who apply ...
Supreme Court Holds Grand Jury Witnesses Absolutely Immune from § 1983 Liability Scholarly Works (2013)
This article discusses the Supreme Court's ruling in Rehberg v. Paulk, 132 S. Ct. 1497 (2012), which extended the absolute witness immunity recognized in Briscoe v. LaHue, to grand jury witnesses. In an unanimous opinion, ...
Municipal Liability and Liability of Supervisors: Litigation Significance of Recent Trends and Developments Touro Law Review (2012)
"The purpose of this presentation is to examine two recent Supreme Court decisions, Connick v. Thompson and Ashcroft v. Iqbal with an eye to their impact on how lower federal courts will assess such claims ...
Constitutional Litigation under Section 1983 and the Bivens Doctrine in the October 2008 Term Touro Law Review (2010)
Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is ...