Molnar v. Care House’s Empirical Analysis
2008
Citation profile
Relationships
Applies 18 U.S.C. § 1367 (§ 303 of the Electronic Communications Privacy Act of 1986) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Brady v. State of Maryland · Monell v. Department of Social Services of City of New York
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There are, however, occasions where a finding of probable cause in a state court preliminary hearing will not preclude a plaintiff from litigating a federal claim in federal court. When a plaintiff alleges a police officer acted in bad faith, provided false information, or misstated material facts in order to establish probable cause, collateral estoppel will not apply. Taylor v. City of Detroit, 368 F.Supp.2d 676 (E.D.Mich.2005) (collateral estoppel will not apply to finding of probable cause at preliminary examination if plaintiffs false arrest claim under § 1983 is based upon officer supplying false information); Buttino v. City of Hamtramck, 87 Fed.Appx. 499, 504 (6th Cir.2004) (action alleging bad faith by police officer challenges integrity of evidence rather than sufficiency of evidence); Darrah v. City of Oak Park, 255 F.3d 301, 311 [ (6th Cir.2001) ] (holding that the state court’s determination of probable cause at the preliminary hearing was not identical to the issue of whether Officer Bragg made materially false statements to the state judge that formed the basis of the probable cause determination[ ]).”
1 later decision quote this exact passage · from the majority“Here, although the Troy police referred [the minor child] to Care House, there is no evidence of record suggesting that the police or the prosecutor’s office supervised, directed or otherwise participated in her interview. While it is true that the authorities were able to observe the interview, they did not participate in the questioning. And, once [the Care House employee] completed her interview of [the child], her role in this matter-and Care House’s role, as well-ended.”
1 later decision quote this exact passage · from the majority“Under the symbiotic or nexus test, a section 1983 claimant must demonstrate that there is a sufficiently close nexus between the government and the private party's conduct so that the conduct may be fairly attributed to the state itself.”
1 later decision quote this exact passage · from the majoritye.g. Gokor v. Schlievert
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.