Otey v. Marshall’s Empirical Analysis
121 F.3d 1150 · 1997
Citation profile
19 federal appellate · 8 district ·
How this case has been cited
Cited by 44 later decisions — most recently March 2020 · most notably Dodds v. Richardson (2010), Poe v. Leonard (2002)
19 federal appellate · 8 district ·
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 28 U.S.C. § 1291 · 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Cohen v. Beneficial Industrial Loan Corp. · Mitchell v. Forsyth · City of Canton v. Harris · Tennessee v. Garner · Johnson v. Jones
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) had 'notice of a pattern of unconstitutional acts committed by subordinates'; (2) was deliberately indifferent to or tacitly authorized those acts; and (3) failed to take 'sufficient remedial action'; (4) proximately causing injury to [Plaintiff].”
4 later decisions quote this exact passage · from the majoritye.g. Parrish v. Ball · Smith v. Finch“[A] supervising officer can be liable for an inferior officer's constitutional violation only 'if he directly participated in the violation, or if his failure to train or supervise the offending actor caused the deprivation.'”
3 later decisions quote this exact passage · from the majority“A defendant may have notice that her training practices are inadequate by two means: (1) where the failure to train is so likely to result in a violation of constitutional rights that the need for training is patently obvious, and (2) where a pattern of misconduct indicates that the defendant's responses to a regularly recurring situation are insufficient to protect constitutional rights.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Finch
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.