134 N.C. App. 332 - Johnson v. York’s Empirical Analysis
1999
Citation profile
22 state decisions
Relationships
Relies on 110 N.C. App. 422 - Slade v. Vernon · Mullis v. Sechrest · 129 N.C. App. 836 - Warren v. Guilford County · 131 N.C. App. 559 - Kephart Ex Rel. Tutwiler v. Pendergraph · Trivette v. N.C. Baptist Hosp., Inc.
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.
“It is a simple matter for attorneys to clarify the capacity in which a defendant is being sued. Pleadings should indicate in the caption the capacity in which a plaintiff intends to hold a defendant liable. For example, including the words ‘in his official capacity’ or ‘in his individual capacity’ after a defendant’s name obviously clarifies the defendant’s status. In addition, the allegations as to the extent of liability claimed should provide further evidence of capacity. Finally, in the prayer for relief, plaintiffs should indicate whether they seek to recover damages from the defendant individually or as an agent of the governmental entity. These simple steps will allow future litigants to avoid problems such as the one presented to us by this appeal.”
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.