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← 888 SO2D 357 - Simmons v. Turner

Simmons v. Turner’s Empirical Analysis

2004

Citation profile

2
cited by 2 later decisions
1
states following
March 2008
most recently cited

2 state decisions

Relationships

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Granfinanciera, S.A. v. Nordberg · Curtis v. Loether · Felder v. Casey · Adamson v. People of State of California · City of Monterey v. Del Monte Dunes at Monterey, Ltd.

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A. No suit against a political subdivision of the state shall be tried by jury.... * * * D. Notwithstanding the provisions of Subsection A, a political subdivision, by general ordinance or resolution, may waive the prohibition against a jury trial provided in Subsection A of this Section. Whenever the jury trial prohibition is waived by a political subdivision, and a jury trial is demanded by the political subdivision or the plaintiff in a suit against the political subdivision or against an officer or employee of the political subdivision, the demand for a jury trial shall be timely filed in accordance with law. The rights to and limitations upon a jury trial shall be as provided in Code of Civil Procedure Articles 1731 and 1732. [[Image here]]”
    2 later decisions quote this exact passage
  2. “an officer or employee of a political subdivision arising out of the discharge of his official duties or within the course and scope of his employment.”
    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.