Alman v. Reed’s Empirical Analysis

Citation profile

3 federal appellate · 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Supreme Court has approved municipal liability based On § 1983 when “the [municipal] action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers,” or where such actions emanate from informal governmental custom. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). In other words, the constitutional violation must have sprung from “official policy” in one form or another. Mat 694, 98 S.Ct. 2018 . As such, local government units cannot be held liable mechanically for their employees’ actions under a re-spondeat superior theory. Id. at 691 , 98 S.Ct. 2018 . The plaintiff must “demonstrate that, through its deliberate conduct, the municipality was the ‘moving force’ behind the injury alleged,” Bryan Cnty. Bd. of Comm’rs v. Brown, 520 U.S. 397, 404 , 117 S.Ct. 1382 , 137 L.Ed.2d 626 (1997). He “must show that the municipal action was taken with the requisite degree of culpability and must demonstrate a direct causal link between the municipal action and the deprivation of federal rights.” Id.”

   2 later decisions quote this exact passage · from the majority
   e.g. Jackson v. City Of Cleveland · 135 F. Supp. 3d 638 - Ehrlich v. Kovack

2. “To make out a case of malicious prosecution under Michigan law, the plaintiff has the burden of proving (1) that the defendant had initiated a criminal prosecution against him, (2) that the criminal proceedings terminated in his favor, (3) that the private person who instituted or maintained the prosecution lacked probable cause for his actions, and (4) that the action was undertaken with malice or a purpose in instituting the criminal claim other than bringing the offender to justice.”

   1 later decision quote this exact passage · from the majority
   e.g. 6 F. Supp. 3d 730 - Buchanan v. Metz