Risk Management Division v. McBrayer’s Empirical Analysis
2000
Citation profile
8 district · 16 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Doe v. Taylor Independent School District · 48 Cal. 3d 438 - John R. v. Oakland Unified School District · High Ridge Hinkle Joint Venture v. City of Albuquerque · Silva v. State · Methola v. County of Eddy
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he legislature likely foresaw the possibility that a public employee could ... commit malicious, even criminal acts that were unauthorized, yet incidental to the performance of [his or her] duties. And it is equally likely that the legislature intended that those unauthorized acts would fall within the scope of duties as defined in the TCA.”
2 later decisions quote this exact passage“B. Unless an insurance carrier provides a defense, a governmental entity shall provide a defense, including costs and attorneys’ fees, for any public employee when liability is sought for: (1) any tort alleged to have been committed by the public employee while acting within the scope of his duty; or (2) any violation of property rights or any rights, privileges or immunities secured by the constitution and laws of the United States or the constitution and laws of New Mexico when alleged to have been committed by the public employee while acting within the scope of his duty.”
1 later decision quote this exact passage“D. A governmental entity shall pay any settlement or any final judgment entered against a public employee for: (1) any tort that was committed by the public employee while acting within the scope of his duty; or (2) a violation of property rights or any rights, privileges or immunities secured by the constitution and laws of the United States or the constitution and laws of New Mexico 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.