Peterson v. Johnson’s Empirical Analysis
714 F.3d 905 · 2013
Citation profile
3 federal appellate ·
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Heck v. Humphrey · Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation · Wood v. Strickland
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The test Michigan courts apply when deciding whether to give preclusive effect to an agency’s factual' determination proceeds in two stages and tracks several of the Elliott factors. The first stage applies to all cases where preclusion is claimed, and asks whether: (1) a question of fact essential to the judgment was actually litigated and determined by a valid and final judgment; (2) the parties had a full and fair opportunity to litigate the issue; and (3) there is mutuality of estoppel. The next stage applies only to parties seeking to preclude litigation on a factual issue that was decided by an administrative agency. It asks whether: (1) the administrative decision was adjudicatory in nature; (2) there was a right to appeal from the decision; and (3) the legislature intended to make the decision final absent an appeal.”
1 later decision quote this exact passage · from the majoritye.g. Roberson v. Torres“hearing officer considered evidence that was put into the record by [the prisoner] and [the officer], allowed the parties to argue their version of the facts at a formal hearing, and issued a written final decision that, had [the prisoner] chosen to appeal, could have been subject to direct review in state court.”
1 later decision quote this exact passage · from the majoritye.g. Maben v. Thelen“the accused prisoner must receive an 'evidentiary hearing without undue delay,' be given 'reasonable notice' of the hearing, receive 'an opportunity to present evidence' and to present 'oral and written arguments on issues of fact,' and be allowed to submit 'rebuttal evidence' to the evidence against him.”
1 later decision quote this exact passage · from the majoritye.g. Maben v. Thelen
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.