Section 1983 Litigation

Recent Decisions Holding Plaintiff's Arrest Record Inadmissible

, New York Law Journal


In his Section 1983 Litigation column, Martin A. Schwartz writes: Rightly or wrongly, an arrest can impact on an individual's reputation. When a plaintiff asserting wrongful arrest or excessive force claims has been arrested multiple times, the jury may view him as simply a "bad dude" who is not deserving of relief, so attorneys in such cases fight hard over admissibility of the arrest record. Recent decisions provide a valuable discussion of the issue.

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