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← 105 N.M. 731 - Otero v. State

Otero v. State’s Empirical Analysis

1987

Citation profile

12
cited by 12 later decisions
1
states following
February 2014
most recently cited

12 state decisions

How this case has been cited

Cited by 12 later decisions — most recently February 2014

12 state decisions

401987199020002010decided

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

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Moor v. County of Alameda · Methola v. County of Eddy · McClelland v. Facteau · General Motors Acceptance Corp. v. Anaya · Garcia v. Genuine Parts Co.

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[i]n the context of a carefully drafted statute that: waives immunity; contains means for covering the risks; provides methods for those entities covering the risks to investigate and defend claims; and contains other stringent limitations on payment, the legislature surely could not have intended that governmental entities pay judgments arising out of the default of one alleged to be a public employee when the governmental entity did not have the benefit of any of the statutory provisions integral to the whole scheme.”
    1 later decision quote this exact passage
  2. “A governmental entity shall pay any settlement or any final judgment entered against a public employee for: (2) a violation of property rights or any rights, privileges or immunities secured by the constitution and laws of the United States . . . that occurred while the public employee was acting within the scope of his duty.”
    1 later decision quote this exact passage

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.