687 F. Supp. 708 - Hathaway v. Stone’s Empirical Analysis
1988
Citation profile
4 federal appellate · 21 district · 1 state decisions
How this case has been cited
Cited by 26 later decisions — most recently July 2013 · most notably Gaudreault v. Municipality of Salem (1990), Dean v. City of Worcester (1991)
4 federal appellate · 21 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · City of Oklahoma City v. Tuttle · Johnson v. Glick · City of Springfield v. Kibbe
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Count IX alleges that the City was negligent in training, supervising, and continuing to employ [the police officer], which negligence resulted in the assault and battery. This claim is based on the City’s own negligence, rather than [the police officer’s] intentional tort. The negligence claim against the City does not “arise out of’ [the police officer’s] intentional torts, but rests on an independent negligent act by the City.”
2 later decisions quote this exact passage“To state a claim against the City or the Department under § 111, the plaintiff must allege that the defendants interfered with their rights “by threats, intimidation, or coercion.” See Bell v. Mazza, 394 Mass. 176, 182 , 474 N.E.2d 1111 (1985) (noting that the state legislature explicitly limited the remedy provided by § 111 to situations where the derogation of rights occurs by threats, intimidation or coercion). In this case, even assuming the City or the Department failed to train, discipline, or supervise its officers, such a failure did not involve threats, intimidation or coercion by the City or the Department. Therefore, even if the plaintiff had alleged sufficient facts to state a claim under § 1983, failure to train, supervise or discipline is not actionable under M.G.L. c. 12 § 111.”
1 later decision quote this exact passage“Whenever any person or persons, whether or not acting under color of law, interfere by threats, intimidation or coercion, or attempt to interfere by threats, intimidation or coercion, with the exercise or enjoyment by any other person or persons of rights secured by the [Cjonstitution or laws of the United States or of rights secured by the constitution or laws of the commonwealth.”
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.