Johnson v. Moore’s Empirical Analysis
958 F.2d 92 · 1992
Citation profile
28 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 96 later decisions — most recently July 2024 · most notably Johnson v. Deep East Texas Regional Narcotics Trafficking Task Force (2004), Cozzo v. Tangipahoa Parish Council-President Government (2002)
28 federal appellate · 1 district · 2 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
Relies on Conley v. Gibson · Monell v. Department of Social Services of City of New York · Pembaur v. City of Cincinnati · City of Los Angeles v. Lyons · O'Shea v. Littleton
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“so common and well settled as to constitute a custom that fairly represents municipal policy.”
27 later decisions quote this exact passage · from the majority“acting in his or her judicial capacity to enforce state law,”
6 later decisions quote this exact passage · from the majority“We have repeatedly held, however, that a municipal judge acting in his or her judicial capacity to enforce state law does not act as a municipal official or lawmaker . See Bigford v. Taylor , 834 F.2d 1213 , 1221-22 (5th Cir.), cert. denied , 488 U.S. 851 , 109 S.Ct. 135 , 102 L.Ed. 2d 108 (1988) ; Carbalan v. Vaughn , 760 F.2d 662 , 665 (5th Cir.), cert. denied , 474 U.S. 1007 , 106 S.Ct. 529 , 88 L.Ed. 2d 461 (1985) ; Familias Unidas v. Briscoe , 619 F.2d 391 , 404 (5th Cir. 1980) (distinguishing judge's administrative duties, actions pursuant to which may constitute county policy under Monell , from judge's judicial function, in which he or she effectuates state policy by applying state law). Johnson does not contend, in his complaint below or in his brief on appeal, that Judge Moore sentenced him to jail pursuant to the judge's administrative or other non-judicial duties . He argues only that, under Pembaur , the municipal judge is a final policymaker whose official actions constitute municipal policy. This argument ignores the distinction we have consistently drawn between a judge's judicial and administrative duties. Only with respect to actions taken pursuant to his or her administrative role can a judge be said to institute municipal policy under Pembaur and Monell . Johnson's complaint fails to show that his constitutional rights were violated as a result of the city's official policy. The district court did not err when it dismissed Johnson's claims against the city”
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.