Lozano v. Smith’s Empirical Analysis
718 F.2d 756 · 1983
Citation profile
29 federal appellate · 4 district · 5 state decisions
How this case has been cited
Cited by 61 later decisions — most recently January 2019 · most notably Doe v. Taylor Independent School District (1994), De Aguilar v. Boeing Co. (1995)
29 federal appellate · 4 district · 5 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. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Parratt v. Taylor · Rizzo v. Goode · Owen v. City of Independence · Polk County v. Dodson · The Boeing Company v. Daniel C. Shipman
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A causal connection may be established, for section 1983 purposes, where the constitutional deprivation and practices occur as a result of the implementation of the sheriffs affirmative wrongful policies by his subordinates, Wanger v. Bonner, 621 F.2d 675 , 679 (5th Cir.1980), or where the sheriff wrongfully breaches an affirmative duty specially imposed upon him by state law, and as a result thereof, the complained of constitutional tort occurs. Barksdale v. King, 699 F.2d 744 , 746 (5th Cir.1983). Douthit, 641 F.2d at 346 ; Sims v. Adams, 537 F.2d 829 , 831 (5th Cir.1976).” Lozano at 768.”
2 later decisions quote this exact passage · from the majority“Although supervisory officials cannot be held liable solely on the basis of their employer-employee relationship with a tortfeasor, they may be liable when their own action or inaction, including a failure to supervise that amounts to gross negligence or deliberate indifference, is a proximate cause of the constitutional violation. sit * * * * * [T]he plaintiffs must show a failure to supervise properly that caused the harm. Usually, a failure to supervise gives rise to section 1983 liability only in those situations in which there is a history of widespread abuse. Then knowledge may be imputed to the supervisory official, and he can be found to have caused the later violation by his failure to prevent it.”
1 later decision quote this exact passage · from the majoritye.g. Hinshaw v. Doffer“there is no administration [of the estate] pending and no necessity for same and that they are the only heirs (or devisees) of the deceased.”
1 later decision quote this exact passage · from the majority
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.