green
Positive treatment
Quoted verbatim 1×
4.5 score
“an agency's decision to refrain from an investigation or an enforcement action is generally unreviewable ....”
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
City of Seabrook, Richard D. Rogan v. Douglas M. Costle, Administrator, Environmental Protection Agency
an agency's decision to refrain from an investigation or an enforcement action is generally unreviewable ....
discussed
Cited "see"
(PC) Bowell v. Montoya
See Trujillo v. Santa Clara County, 775 F.2d 1359, 1367 (9th Cir. 1985). 14 For example, privity exists “between officers of the same government so that a judgment in a suit 15 between a party and a representative of the [government] is res judicata in relitigation of the 16 same issue between that party and another officer of the government.” See Church of New Song 17 v. Establishment of Religion on Taxpayers’ Money, 620 F.2d 648 , 654 (7th Cir. 1980), cert. 18 denied, 450 U.S. 929 (1981) (citation omitted) (prison employees at federal prison in Texas in 19 privity with prison employees…
discussed
Cited "see"
Mike Hernandez v. George F. Denton
(2×)
See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980) (if prison officials know of pervasive risk of harm to prisoner and fail to protect that prisoner, prisoner has a viable section 1983 claim for violation of his constitutional rights), cert. denied, 450 U.S. 929 , 101 S.Ct. 1387 , 67 L.Ed.2d 361 (1981).
discussed
Cited "see"
Champ v. Bowers
See Orpiano v. Johnson, 632 F.2d 1096 (4th Cir.1980), cert. denied, 450 U.S. 929 (1981). 6 The magistrate instructed the jurors that they could find Warden Winebrenner liable if they found that placement of Holland on the D-1 segregation tier created a pervasive risk of harm and that the warden knew that this placement would create such a risk yet failed to take reasonable steps to protect Champ and the other inmates on the tier.
cited
Cited "see"
Charles J. Slakan v. T.C. Porter, M.M. Walters, Amos Reed, Ralph Edwards, Sam Garrison, and J.B. Barefoot, J.G. Watson, D.R. Woodard, Jack Lemons
See Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980), cert. denied, 450 U.S. 929 , 101 S.Ct. 1387 , 67 L.Ed.2d 361 (1981).
discussed
Cited "see, e.g."
Chinchello v. Fenton
See, e.g., Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980), cert. denied, 450 U.S. 929 , 101 S.Ct. 1387 , 67 L.Ed.2d 361 (1981) (prison supervisors' failure to act in the face of pervasive risk, evidenced by a pattern of past incidents, may amount to deliberate indifference); Sims v. Adams, 537 F.2d 829 (5th Cir.1976) (allegation that supervisory officials failed to take action despite systematic pattern of racial violence by subordinate police officers is sufficient to state a Sec. 1983 claim).
discussed
Cited "see, e.g."
Chinchello v. Fenton
See, e.g., Orpiano v. Johnson, 632 F.2d 1096, 1101 (4th Cir.1980), cert. denied, 450 U.S. 929 , 101 S.Ct. 1387 , 67 L.Ed.2d 361 (1981) (prison supervisors’ failure to act in the face of pervasive risk, evidenced by a pattern of past incidents, may amount to deliberate indifference); Sims v. Adams, 537 F.2d 829 (5th Cir.1976) (allegation that supervisory officials failed to take action despite systematic pattern of racial violence by subordinate police officers is sufficient to state a § 1983 claim).
discussed
Cited "see, e.g."
Waller v. Butkovich
Compare Orpiano v. Johnson, 632 F.2d 1096, 1102 (4th Cir. 1980), cert. den., 450 U.S. 929 , 101 S.Ct. 1387 , 67 L.Ed.2d 361 (1980) (difficult to find deliberate indifference where evidence showed prison superintendent promptly investigated charges of wrongdoing and took appropriate disciplinary action) with Himmelbrand v. Harrison, 484 F.Supp. at 810 (city officials liable along with police chief where they ratified — in writing — his challenged decision).
Retrieving the full opinion text from the archive…
Phillips
v.
Massachusetts
v.
Massachusetts
No. 80-5878.
Supreme Court of the United States.
Feb 23, 1981.
Cited by 11 opinions | Published
Citer courts: Fifth Circuit (1)
Sup. Jud. Ct. Mass. Certiorari denied.