Foust v. C’s Empirical Analysis

Citation profile

1 federal appellate · 1 state decisions

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

1. ““The failure to provide proper training may fairly be said to represent a policy for which the city is responsible, and for which the city may be held liable if it actually causes injury.” City of Canton v. Harris, 489 U.S. 378, 390 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989). To prove that the failure to train rises to the level of a municipal policy, a plaintiff also must satisfy the culpability and causation requirements described above. Brown, 219 F.3d at 457. The failure must rise to the level of a deliberate or conscious choice among alternatives. Canton, 489 U.S. at 389 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 . When evaluating whether additional training is constitutionally required, it is necessary to consider whether the department has faced a history of similar problems. Languirand v. Hayden, 717 F.2d 220, 227-28 (5th Cir.1983). We also must look to the officers’ overall training and must consider the need for additional training in that context. Canton, 489 U.S. at 390-91 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 ; Pineda v. City of Houston, 291 F.3d 325, 334 (5th Cir.2002).”

   1 later decision quote this exact passage · from the majority
   e.g. 481 F. Supp. 2d 586 - Mitchell v. City of Jackson, Mississippi

2. “1. A policy statement, ordinance, regulation, or decision that is officially adopted and promulgated by the municipality’s lawmaking officers or by an official to whom the lawmakers have delegated policy-making authority; or 2. A persistent, widespread practice .of city officials or employees, which, although not authorized by officially adopted and promulgated policy, is so common and well settled as to constitute a custom that fairly represents municipal policy.”

   1 later decision quote this exact passage · from the majority
   e.g. Chavez v. Brownsville Independent School District

3. “A consensus of authority in other circuits may 'clearly establish' a right even absent binding precedent by the Supreme Court or the Fifth Circuit.”

   1 later decision quote this exact passage · from the majority
   e.g. Munroe v. City of Austin