Cox’s Empirical Analysis

Citation profile

3 district · 2 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under the decisions of the Supreme Court and [the Fifth Circuit], municipal liability under section 1983 [or section 1985 ] requires proof of three elements: a policy maker; an official policy; and a violation of constitutional rights whose 'moving force' is the policy or custom.”

   2 later decisions quote this exact passage · from the majority
   e.g. Thomas v. State · Blakely v. Andrade

2. “The [FHA] contains no hint either in its language or its legislative history of a concern with anything but access to housing .... Since the focus [of Congress] was on [minorities’] exclusion, the problem of how they were treated when they were included, that is, when they were allowed to own or rent homes in [desirable residential] areas, was not at the forefront of congressional thinking. That problem' — the problem not of exclusion but of expulsion — would become acute only when the law forced unwanted associations that might provoke efforts at harassment, and so it would tend not to arise until the [FHA] was enacted and enforced. There is nothing to suggest that Congress was trying to solve that future problem, an endeavor that would have required careful drafting in order to make sure that quarrels between neighbors did not become a routine basis for federal litigation.”

   1 later decision quote this exact passage · from the majority
   e.g. 633 F. Supp. 2d 287 - AHF COMMUNITY DEVELOPMENT, LLC v. City of Dallas

3. “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. Actual or constructive knowledge of such custom must be attributable to the governing body of the municipality or to an official to whom that body had delegated policy-making authority. Actions of officers or employees of a municipality do not render the municipality liable under § 1983 unless they execute official policy as above defined.”

   1 later decision quote this exact passage · from the majority
   e.g. Thomas v. State