40 F. Supp. 2d 1345 - Shows v. Morgan’s Empirical Analysis
1999
Citation profile
2 state decisions
Relationships
Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1343 · 28 U.S.C. § 1367 · 28 U.S.C. § 2201 · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1981A · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on McDonnell Douglas Corp. v. Green · Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · Texas Department of Community Affairs v. Burdine · Board of Regents of State Colleges v. Roth
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[S]uing a defendant in [his official] capacity is usually necessary only when a suit against the governmental entity itself is barred [as, for example,] by the eleventh amendment to the United States Constitution [or by Art. I, § 14 of the Alabama Constitution of 1901, the state-sovereign-immunity clause]. In such instances, a suit against governmental officeholders in their official capacities is the only effective way to bring the governmental entity into court and obtain relief. Here, however, there are no eleventh-amendment [or state sovereign] *Page 39 immunity issues presented. Therefore, while allowable, there is no need to maintain suit against Mayor [Kelley, Chief of Police Bradley,] and Officer [Fields] in their official capacities."”
1 later decision quote this exact passage · from the majoritye.g. Todd v. Kelley“[A] local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents. Instead, it is when execution of a government's policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under § 1983.”
1 later decision quote this exact passage · from the majoritye.g. Todd v. Kelley
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.