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Positive treatment
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Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
cited
Cited "but see"
Perez v. Kirk & Carrigan
But see Hughes v. Houston Northwest Medical Center, Inc., 680 S.W.2d 838 (Tex.App.—Houston [1st Dist.] 1984, writ ref'd n.r.e.), cert. denied, 474 U.S. 571 , 106 S.Ct. 571 , 88 L.Ed.2d 555 (1985).
discussed
Cited as authority (rule)
National Computer Ltd. v. Tower Industries, Inc.
Co., 758 F.2d 409 , 414 (9th Cir.1985), cert. denied, 474 U.S. 1021 , 106 5.Ct. 571, 88 L.Ed.2d 555 , and that the “convenience of the parties and witnesses, in the interest of justice” favor transfer. 28 U.S.C. § 1404 (a); see Hatch, 758 F.2d at 414.
cited
Cited "see"
Samedan Oil Corp. v. Intrastate Gas Gathering, Inc.
See Hughes v. Houston Northwest Medical Center, 680 S.W.2d 838, 842 (Tex.App.—Houston [1st Dist.] 1984, writ refd n.r.e.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 571 , 88 L.Ed.2d 555 (1985).
discussed
Cited "see"
Charlesworth R. Martin v. Theodore Thomas, Milo K. Shepard, Robert L. Prater and L.L. Clarkson
See, Crane v. State of Texas, 759 F.2d 412 , 428 n. 17 (5th Cir.), amended in part, 766 F.2d 193 (5th Cir.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 570 , 88 L.Ed.2d 555 (1985) (“The Eleventh Amendment is obviously no bar to actions for damages against officials sued in their individual capacities”); American Civil Liberties Union of Mississippi, Inc. v. Finch, 638 F.2d 1336, 1341-42 (5th Cir.Unit A 1981) (“It is well settled, for instance, that a public officer’s conduct can be sufficiently “official” to constitute state action within the meaning of the fourteenth amendment withou…
discussed
Cited "see"
Martin v. Thomas
See, Crane v. State of Texas, 759 F.2d 412 , 428 n. 17 (5th Cir.), amended in part, 766 F.2d 193 (5th Cir.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 570 , 88 L.Ed.2d 555 (1985) ("The Eleventh Amendment is obviously no bar to actions for damages against officials sued in their individual capacities"); American Civil Liberties Union of Mississippi, Inc. v. Finch, 638 F.2d 1336 , 1341–42 (5th Cir.Unit A 1981) ("It is well settled, for instance, that a public officer's conduct can be sufficiently "official" to constitute state action within the meaning of the fourteenth amendment without at the …
discussed
Cited "see"
International Shortstop, Inc., and Sam Talkington v. Rally's, Inc.
See Hughes v. Houston Northwest Medical Center, Inc., 680 S.W.2d 838 (Tex.App.1984, error ref'd n.r.e.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 571 , 88 L.Ed.2d 555 (1985) ("Litigation is a powerful weapon, and when instituted in bad faith for the purpose of causing damage or loss, it is a wrongful method of interference.”); Garza v. Mitchell, 607 S.W.2d 593, 600 (Tex.Civ.App.1980) (“In order to be tortuous interference with the contract of another the assertion of a right must be without right or justification, and 'the act of interference to be actionable must have been knowingly done w…
examined
Cited "see"
Cooney v. Park County
(4×)
also: Cited "see, e.g."
See similarly the practice for arresting with a warrant, Crane v. State of Texas, 759 F.2d 412 , aff'd as modified 766 F.2d 193 (5th Cir.), cert. denied 474 U.S. 1020 , 106 S.Ct. 570 , 88 L.Ed.2d 555 (1985).
cited
Cited "see"
Yusov v. Yusuf
See Hatch v. Reliance Insurance Co., 758 F.2d 409, 416 (9th Cir.), cert. denied, 474 U.S. 1021 , 106 S.Ct. 571 , 88 L.Ed.2d 555 (1985).
cited
Cited "see"
Yusov v. Yusuf
See Hatch v. Reliance Insurance Co., 758 F.2d 409, 416 (9th Cir.), cert. denied, 474 U.S. 1021 , 106 S.Ct. 571 , 88 L.Ed.2d 555 (1985).
discussed
Cited "see"
Davis v. City of Camden
See Crane v. State of Texas, 759 F.2d 412 , 413 n. 19 (5th Cir.), cert. denied, — U.S.-, 106 S.Ct. 570 , 88 L.Ed.2d 555 (1985) (it is an "unexceptionable proposition that local governments and their officials who act in conformance with a state statutory scheme will not be held liable for § 1983 damages if the scheme is later held unconstitutional.") But see Rhode v. Denson, 776 F.2d 107, 110 (5th Cir.1985), cert. denied, — U.S.-, 106 S.Ct. 2891 , 90 L.Ed.2d 978 (1986) (acknowledging Crane but declining to address "whether or not a county official discharging a duty imposed by state law c…
discussed
Cited "see, e.g."
Green v. State
In determining reasonableness, the nature of the underlying offense is of no moment.”). *611 In Texas, a misdemeanor capias is valid when issued from a court with proper jurisdiction after a neutral magistrate has made a determination of probable cause. 2 See Sharp v. State, 677 S.W.2d 513, 518 (Tex.Crim.App.1984); see also Crane v. Texas, 759 F.2d 412 , 422 (5th Cir.), modified on other grounds, 766 F.2d 193 (5th Cir.), cert. denied, 474 U.S. 1020 , 106 S.Ct. 570 , 88 L.Ed.2d 555 (1985).
discussed
Cited "see, e.g."
Boyer v. County of Washington
Contrary to DeClue's contention, the law is clearly established that "under the Fourth Amendment a warrant can be validly issued only by a 'neutral and detached magistrate.' " Fairchild v. Lockhart, 675 F.Supp. 469, 477 (E.D.Ark.1987) (quoting Giordenello v. United States, 357 U.S. 480 , 78 S.Ct. 1245 , 2 L.Ed.2d 1503 (1958)), aff'd, 857 F.2d 1204 (8th Cir.1988), cert. denied, 488 U.S. 1051 , 109 S.Ct. 884 , 102 L.Ed.2d 1007 (1989); see also Crane v. Texas, 759 F.2d 412 , 426 (5th Cir.), modified, 766 F.2d 193 (5th Cir.) (per curiam), cert. denied, 474 U.S. 1020 , 106 S.Ct. 570 , 88 L.Ed.2d 55…
discussed
Cited "see, e.g."
Boyer v. County of Washington
Contrary to De-Clue’s contention, the law is clearly established that "under the Fourth Amendment a warrant can be validly issued only by a ‘neutral and detached magistrate.”’ Fairchild v. Lockhart, 675 F.Supp. 469, 477 (E.D.Ark.1987) (quoting Giordenello v. United States, 357 U.S. 480 , 78 S.Ct. 1245 , 2 L.Ed.2d 1503 (1958)), aff’d, 857 F.2d 1204 (8th Cir.1988), cert. denied, 488 U.S. 1051 , 109 S.Ct. 884 , 102 L.Ed.2d 1007 (1989); see also Crane v. Texas, 759 F.2d 412 , 426 (5th Cir.), modified, 766 F.2d 193 (5th Cir.) (per curiam), cert. denied, 474 U.S. 1020 , 106 S.Ct. 570 , 88 …
discussed
Cited "see, e.g."
Yaron v. Township of Northampton
Compare Taylor v. Ouachita Parish School Bd., 648 F.2d 959, 972 (5th Cir. Unit A 1981) (entertaining petition for appellate fees) with Crane v. Texas, 766 F.2d 193, 195 (5th Cir.) (per curiam) (refusing to entertain petition for appellate fees and remanding to district court), cert. denied, 474 U.S. 1020 , 106 S.Ct. 570 , 88 L.Ed.2d 555 (1985) with Morrow v. Dillard, 580 F.2d 1284, 1296-1300 (5th Cir.1978) (petition brought in court of appeals but remanded to district court for calculation of amount). 13 The Supreme Court of the United States has never decided this question.
discussed
Cited "see, e.g."
Yaron v. Township of Northampton
Compare Taylor v. Ouachita Parish School Bd., 648 F.2d 959, 972 (5th Cir. Unit A 1981) (entertaining petition for appellate fees) with Crane v. Texas, 766 F.2d 193, 195 (5th Cir.) (per curiam) (refusing to entertain petition for appellate fees and remanding to district court), cert. denied, 474 U.S. 1020 , 106 S.Ct. 570 , 88 L.Ed.2d 555 (1985) with Morrow v. Dillard, 580 F.2d 1284, 1296-1300 (5th Cir.1978) (petition brought in court of appeals but remanded to district court for calculation of amount).
discussed
Cited "see, e.g."
Boston v. Lafayette County, Miss.
Compare Bigford, 834 F.2d at 1222 (judge’s deliberate or mistaken departure from controlling law does not represent county policy), with Crane v. State of Texas, 759 F.2d 412 , 430 n. 19 (5th Cir.) cert. denied, 474 U.S. 1020 , 106 S.Ct. 570 , 88 L.Ed.2d 555 (1985) (local governments not immunized from official actions which are both unconstitutional and illegal under state law).
discussed
Cited "see, e.g."
Parker v. Williams
The court in Bowen v. Watkins, 669 F.2d 979, 989 (5th Cir.1982), gave one definition: "When an official has final authority in a matter involving the selection of goals or of means of achieving goals, his choices represent governmental policy." The en banc Fifth Circuit explained that “[plolicymakers act in the place of the govern ing body in the area of their responsibility; they are not supervised except as to the totality of their performance." Bennett v. City of Slidell, 728 F.2d 762, 769 (5th Cir.1984) (en banc), cert. denied, 472 U.S. 1016 , 105 S.Ct. 3476 , 87 L.Ed.2d 612 (1985); see …
discussed
Cited "see, e.g."
Parker v. Williams
The court in Bowen v. Watkins, 669 F.2d 979, 989 (5th Cir.1982), gave one definition: "When an official has final authority in a matter involving the selection of goals or of means of achieving goals, his choices represent governmental policy." The en banc Fifth Circuit explained that "[p]olicymakers act in the place of the governing body in the area of their responsibility; they are not supervised except as to the totality of their performance." Bennett v. City of Slidell, 728 F.2d 762, 769 (5th Cir.1984) (en banc), cert. denied, 472 U.S. 1016 , 105 S.Ct. 3476 , 87 L.Ed.2d 612 (1985); see als…
Retrieving the full opinion text from the archive…
Caprito
v.
Mayhew, aka Caprito
v.
Mayhew, aka Caprito
No. 85-631.
Supreme Court of the United States.
Dec 9, 1985.
Published
Sup. Ct. La. Certiorari denied.