green
Positive treatment
Quoted verbatim 1×
5.8 score
“the fact that the decision-maker in the initial adjudication was an administrative agency is of no consequence. for 'es judicata effect may attach to determinations of administrative agencies in appropriate circumstances.”
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980
2003
2026
Top citers, strongest first. 21 distinct citers.
How cited ↗
cited
Cited "but see"
Pearl v. Dobbs
But cf. Bogard v. Cook, 586 F.2d 399, 410-418, 421 (5th Cir. 1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979). 2 Pearl made no allegations of that sort in his complaint.
discussed
Cited "but see"
Pearl v. Dobbs
But cf. Bogard v. Cook, 586 F.2d 399, 410-418, 421 (5th Cir. 1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979). 2 Pearl made no allegations of that sort in his complaint. 6 The district court's order of dismissal is affirmed. 1 We express no opinion as to whether Judge Overton correctly held that Pearl alleged no facts in the first suit to indicate that the inmate turnkey acted under color of state law.
examined
Cited as authority (quoted)
Moore v. Bonner
the fact that the decision-maker in the initial adjudication was an administrative agency is of no consequence. for 'es judicata effect may attach to determinations of administrative agencies in appropriate circumstances.
discussed
Cited "see"
State v. Kehoe
See Mullins v. State, 366 So.2d 1162 (Fla. 1978) (officer saw defendant riding bicycle in early morning hours in residential area), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979); State v. Beja, 451 So.2d 882 (Fla.4th DCA 1984) (vehicle parked near restaurant after 11:00 p.m. where there had been previous problems, and vehicle moved when officers approached), appeal dismissed, 469 So.2d 750 (Fla. 1985); Levin v. State, 449 So.2d 288 (Fla.3d DCA 1983) (defendant was observed walking along street at 3:00 a.m. in "high class" residential area that had experienced prior burglar…
discussed
Cited "see"
Shrader v. White
See Bogard v. Cook, 586 F.2d 399, 418 (5th Cir.), cert. denied, 444 U.S. 883 [ 100 S.Ct. 173 , 62 L.Ed.2d 113 ] (1979); cf. Puckett v. Cox, 456 F.2d 233, 235 (6th Cir.1972) (negligence in permitting insane prisoner to roam within prison, and in allowing him access to dangerous instruments does not state equal protection claim).
discussed
Cited "see"
Shrader v. White
See Bogard v. Cook, 586 F.2d 399, 418 (5th Cir.), cert. denied, 444 U.S. 883 [ 100 S.Ct. 173 , 62 L.Ed.2d 113 ] (1979); cf. Puckett v. Cox, 456 F.2d 233, 235 (6th Cir.1972) (negligence in permitting insane prisoner to roam within prison, and in allowing him access to dangerous instruments does not state equal protection claim). 38 While a knife is not dangerous in and of itself, and only becomes dangerous when used to inflict injury, we are troubled by the statement that scrap metal is not sufficiently safeguarded and that the methods employed to restrict the making and conveyance of weapons a…
cited
Cited "see"
Arthur Jackson v. W.I. Hollowell
See Bogard v. Cook, 586 F.2d 399 (5th Cir.1978), cert denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979).
cited
Cited "see"
31 Fair empl.prac.cas. 1707, 32 Empl. Prac. Dec. P 33,668 Gloria Holmes v. Continental Can Company
Accord Bogard v. Cook, 586 F.2d 399 (5th Cir.1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979).
discussed
Cited "see"
Mercado v. State
See Mullins v. State, 366 So.2d 1162 (Fla.1978) (Alderman, J., concurring), ce rt. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979); Wright v. State, 418 So.2d 1087 (Fla. 1st DCA 1982); Neely v. State, 402 So.2d 477 (Fla. 2d DCA 1981); Login v. State, 394 So.2d 183 (Fla. 3d DCA 1981); State v. Ramos, 378 So.2d 1294 (Fla. 3d DCA 1979).
cited
Cited "see"
Vicel Herron v. James G. Beck, J.J. Culpepper, Sgt. Wheeler and Robert Holmes
See Bogard v. Cook, 586 F.2d 899 (5th Cir.1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979).
discussed
Cited "see"
Thomas Crowder v. Russell E. Lash
See Bogard v. Cook, 586 F.2d 399, 408 (5th Cir. 1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979); cf. Lawlor v. National Screen Service Corp., 349 U.S. 322, 328 , 75 S.Ct. 865, 868 , 99 L.Ed. 1122 (1955). 10 .
cited
Cited "see"
Bobby Williams v. Larry Bennett
See Bogard v. Cook, 586 F.2d 399, 409 (5th Cir. 1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979).
discussed
Cited "see"
McLaughlin v. City of LaGrange
In order for a municipality or a supervisor to be liable under section 1983 there must be some personal involvement or evidence that “execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury.” Monell v. Department of Social Services, 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1977); See Bogard v. Cook, 586 F.2d 399 (5th Cir. 1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979) (proof of negligence not enough to pierce an official’s immun…
discussed
Cited "see"
McLAUGHLIN v. CITY Of
In order for a municipality or a supervisor to be liable under section 1983 there must be some personal involvement or evidence that "execution of a government's policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury." Monell v. Department of Social Services, 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1977); See Bogard v. Cook, 586 F.2d 399 (5th Cir. 1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979) (proof of negligence not enough to pierce an official's immunity); Ba…
cited
Cited "see"
Ralph A. Walters v. City of Ocean Springs and Kevin Alves
See Bogard v. Cook, 586 F.2d 399, 412 (5th Cir. 1978), cert. denied, 444 U.S. 883 , 100 *1323 S.Ct. 173, 62 L.Ed.2d 113 (1979).
cited
Cited "see, e.g."
State v. Stevenson
See also State v. Martin, 274 N.W.2d 893 (S.D.), cert. denied, 444 U.S. 883 (1979); State v. Johnson, 413 A.2d 931 (Me. 1980); State v. Anderson, 42 Or.
discussed
Cited "see, e.g."
Bradley v. Carydale Enterprises
See Utah Construction, 384 U.S. at 422 , 86 S.Ct. at 1560 (res judi-cata applied to administrative decision from which parties, inter alia, had “an opportunity to seek court review of any adverse findings”); Delameter v. Schweicker, 721 F.2d 50, 53 (2d Cir.1983) (agency decision not entitled to preclusive effect where there is “no hearing, no testimony, no subpoenaed evidence, no argument [and] no opportunity to test any contention by confrontation”); see also Pettus v. American Airlines, Inc., 587 F.2d 627, 629 (4th Cir.1978) (res judicata only afforded an administrative decision made…
discussed
Cited "see, e.g."
Ronald E. Spears v. W.E. Johnson, Warden
See also Jordan v. Jones, 563 F.2d 148 (5th Cir.1977) (prisoner’s petition filed in Northern District of Texas should not have been dismissed merely because of class action, also in Northern District, raising similar complaints). 2 In Bogard v. Cook, 586 F.2d 399 (5th Cir.1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979), Bogard, a former prisoner in a Mississippi state prison, sought damages for maltreatment suffered during his confinement.
discussed
Cited "see, e.g."
Eugene Stewart v. William Winter, Individually and in His Official Capacity as Governor of the State of Mississippi
(2×)
Compare Bogard v. Cook, 586 F.2d 399, 409 (5th Cir. 1978) (dictum) (“the proper classification” if classwide damages are sought in prisoners’ action is (b)(3), not (b)(1) or (b)(2)), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979), with Parker v. Local Union No. 1466, United Steelworkers, 642 F.2d 104, 107 (5th Cir. 1981) (damages may be granted to a class certified under (b)(2)), and Jones v. Diamond, 519 F.2d 1090 , 1100 n. 17 (5th Cir. 1975) (dictum) (prisoner’s class action against single Mississippi jail) (“So long as the predominant purpose of the suit is for…
discussed
Cited "see, e.g."
Barbara S. Clanton v. Orleans Parish School Board
Under Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975) and its progeny, there are “two components to the qualified immunity defense, one subjective and one objective.” Fowler v. Cross, 635 F.2d 476, 482 (5th Cir. 1981); see also Bogard v. Cook, 586 F.2d 399 (5th Cir. 1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979).
cited
Cited "see, e.g."
Soto v. Chardon
See also Bogard v. Cook, 586 F.2d 399 (5th Cir. 1978), cert. denied, 444 U.S. 883 , 100 S.Ct. 173 , 62 L.Ed.2d 113 (1979). 10 .
Retrieving the full opinion text from the archive…
Worldwide Church of God, Inc.
v.
Superior Court of California, County of Los Angeles (California, Real Party in Interest)
v.
Superior Court of California, County of Los Angeles (California, Real Party in Interest)
No. 78-1720.
Supreme Court of the United States.
Oct 1, 1979.
Cited by 2 opinions | Published
Citer courts: D. South Carolina (1)
Sup. Ct. Cal. Motion of American Civil Liberties Union of Southern California et al. for leave to file a brief as amici curiae granted. Cer-tiorari denied.