UCLA School of Law professor Joanna Schwartz was cited by U.S. Supreme Court justice Sonia Sotomayor in her dissenting opinion in Nieves v. Bartlett. The Court decided the case on May 28, with a majority of the justices holding that probable cause generally overrides a claim that a retaliatory police arrest violated the First Amendment.
In her dissent, Sotomayor wrote that “the burden of a (presumably indemnified) officer facing trial pales in comparison to the importance of guarding core First Amendment activity against the clear potential for abuse that accompanies the arrest power.” There, the justice cited Schwartz’s 2014 New York University Law Review article, “Police Indemnification,” in which Schwartz offered the results of an exhaustive study where she found that governments, rather than individual police officers, pay all but about .02% of the money that plaintiffs win in civil rights suits.
Schwartz, who is also vice dean for faculty development in the law school, studies the dynamics of modern civil litigation. She is a past recipient of UCLA’s Distinguished Teaching Award and has been on the faculty since 2006.
