Mumford v. Basinski’s Empirical Analysis
105 F.3d 264 · 1997
Citation profile
22 federal appellate · 1 state decisions
How this case has been cited
Cited by 68 later decisions — most recently May 2023 · most notably Alkire v. Irving (2003), Scott v. Clay County (2000)
22 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Monell v. Department of Social Services of City of New York · Ex Parte: Edward T Young · Mt. Healthy City School District Board of Education v. Doyle · Edelman v. Jordan · Kentucky v. Graham
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Unquestionably, the inherent duties of an Ohio domestic relations court referee entail a relationship of confidence between the referee and the judge(s) which he serves. The referee is privy to confidential litigation materials and internal court communications in the discharge of his duties, and further maintains a personal confidential relationship with the judge(s) which [sic] he serves. See Blair [ v. Meade, 76 F.3d 97 , 101 (6th Cir.1996) ]; Balogh v. Charron, 855 F.2d 356 (6th Cir.1988). Moreover, the referee effectively makes policy for, or suggests policy to, the court on each occasion that he resolves a dispute in the court’s name or recommends a disposition to a judge. Consequently, his supervising judge must be convinced that the judgment capabilities of the referee, and the confidential relationships that arise as a result of the intimate judicial and quasi-judicial discussions, are unquestionable .... Ohio law expressly assigns some discretionary adjudicative authority to the referees, permits Ohio judges to delegate other adjudicative powers to the referees, and provides that the referees shall proffer advice (often in confidence) to the judges concerning the disposition of cases and other legal controversies. For these reasons, this court is constrained to rule that Mumford’s former position as a referee for the Domestic Relations Court was an inherently political post....”
1 later decision quote this exact passage · from the majority“The Akron Municipal Court ... is subject to the supervision of the Ohio Supreme Court. Ohio Const., Art. TV, § 5. The municipal court may not be abolished by the city council, nor may the council expand or restrict the court’s jurisdiction. See State ex rel. Cherrington v. Hutsinpiller, 112 Ohio St. 468 , 147 N.E. 647 (1925). The territorial jurisdiction of the Akron Municipal Court is not coextensive with the city limits of Akron. Ohio Rev.Code § 1901.02(B). The employees of the Akron Municipal Court are not city employees subject to the authority, of the Akron Civil Service Commission. Dugan v. Civil Service Commission of .Akron, 9 Ohio App.3d 218 , 459 N.E.2d 618 (1983).”
1 later decision quote this exact passage · from the majority“The United States Supreme Court has dictated that, unlike counties and municipalities, state governments, and their arms, officers, and instrumentalities, are generally immune from private lawsuit in federal court by virtue of the Eleventh Amendment to the United States Constitution.” Mumford v. Basinski, 105 F.3d 264 (6th Cir.1996) (citing Mt. Healthy Sch. Dist. v. Doyle, 429 U.S. 274, 280 , 97 S.Ct. 568, 572-73 , 50 L.Ed.2d 471 (1977), superseded by statute on other grounds as stated in Rivera v. U.S., 924 F.2d 948 (9th Cir.1991)); see also Franceschi, 57 F.3d at 831 . (9th Cir.1995) (”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.