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G Cite
cited 3× by 3 distinct cases, 2019–2024 ·
…the 'city of denver police department' is not a separate suable entity
⚠ not in text
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 30 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Jones v. Turnkey Medical Services
the 'city of denver police department' is not a separate suable entity
discussed
Cited as authority (quoted)
Bray v. Sinnett
the 'city of denver police department' is not a separate suable entity
discussed
Cited as authority (quoted)
Hall v. Muskogee Police Department
the 'city of denver police department' is not a separate suable entity
examined
Cited as authority (quoted)
United States v. Delbert Taylor
hile mattheson complains that counsel failed to exercise any peremptory challenges, mattheson does not identify the juror or jurors that should have been removed by counsel, nor alleges that any were unfavorably disposed to mattheson.
discussed
Cited "see"
Richardson v. Philpott
See Martinez v. Winner, 771 F.2d 424, 444 (10th Cir. 1985) (“The ‘City of Denver Police Department’ is not a separate suable entity”), vacated on other grounds by Tyus v. Martinez, 475 U.S. 1138 (1986).
discussed
Cited "see"
Colorado Springs Fellowship Church v. City of Colorado Springs
See Martinez v. Winner, 771 F.2d 424, 444 (10th Cir. 1985) (dismissing § 1983 claims against Denver Police Department because it is not a separate suable entity), remanded to consider mootness, 475 U.S. 1138 (1986), on remand, 800 F.2d 230 (10th Cir. 1986); Boren v. City of Colo. Springs, 624 F.Supp. 474, 479 (D.
discussed
Cited "see"
Moore v. Diggins
(2×)
See Martinez v. Winner, 771 F.2d 424, 444 (10th Cir.1985) (dismissing § 1983 claims against the City of Denver Police Department because it was not a separate suable entity), remanded to consider mootness, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986), on remand, 800 F.2d 230 (10th Cir.1986).
discussed
Cited "see"
Tennyson v. Carpenter
(2×)
See Martinez v. Winner, 771 F.2d 424, 442 (10th Cir.1985), vacated on other grounds by Tyus v. Martinez, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986). 5 .
discussed
Cited "see"
Biehl v. Salina Police Department
(2×)
See Martinez v. Winner, 771 F.2d 424, 444 (10th Cir.1985), vacated on other grounds, Tyus v. Martinez, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986). 2 The judgment of the district court is affirmed. * After examining appellant's brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal.
discussed
Cited "see"
Sean M. Brookings v. R.R. Denny Clunk, Judge, Stark County, Ohio
(2×)
See Barrett, 130 F.3d at 259 . 28 In reaching this conclusion, the Barrett court relied upon the logic from Martinez v. Winner, 771 F.2d 424 (10th Cir.1985) (vacated and remanded on other grounds in Tyus v. Martinez, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986) and reversed in part by Martinez v. Winner, 778 F.2d 553 (10th Cir.1985)).
discussed
Cited "see"
Van Deelen v. City of Eudora, Kan.
(2×)
See Martinez v. Winner, 771 F.2d 424, 436 (10th Cir.) (Claim for injunctive relief against judge was moot after the judge resigned from office,), modified on rehearing, 778 F.2d 553 (10th Cir.1985), vacated on other grounds, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986).
discussed
Cited "see"
McPherson v. Kelsey
(2×)
See Martinez v. Winner, 771 F.2d 424 (10th Cir.1985), modified, 778 F.2d 553 (10th Cir.1985), vacated as moot, Tyus v. Martinez, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986).
discussed
Cited "see"
Mcpherson v. Kelsey
(2×)
See Martinez v. Winner, 771 F.2d 424 (10th Cir.1985), modified, 778 F.2d 553 (10th Cir.1985), vacated as moot, Tyus v. Martinez, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986).
cited
Cited "see"
McIntosh v. DOHUD
See id. at ---2 (citing Martinez v. Winner, 771 F.2d 424, 442 (10th Cir.), modified on other grounds, 778 F.2d 553 (1985), vacated on other grounds, 475 U.S. 1138 (1986)).
cited
Cited "see"
State v. Robinson
See State v. Brown, 315 N.C. 40, 67 , 337 S.E.2d 808, 827-28 (1985), cert. denied, 476 U.S. 1164 , 90 L.
discussed
Cited "see"
Bauchman ex rel. Bauchman v. West High School
(2×)
See Martinez v. Winner, 771 F.2d 424 , 444 (10th Cir.1985) (dismissing § 1983 claims against City of Denver Police Department because department was not a suable entity separate from the city itself), remanded to consider mootness, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986), on remand, 800 F.2d 230 (10th Cir.1986); Stump v. Gates, 777 F.Supp. 808, 815-16 (D.Colo.1991), aff'd, 986 F.2d 1429 (10th Cir.1993).
discussed
Cited "see"
BAUCHMAN, BY AND THROUGH BAUCHMAN v. West High
(2×)
See Martinez *264 v. Winner, 771 F.2d 424, 444 (10th Cir.1985) (dismissing § 1983 claims against City of Denver Police Department because department was not a suable entity separate from the city itself), remanded to consider mootness, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986), on remand, 800 F.2d 230 (10th Cir.1986); Stump v. Gates, 777 F.Supp. 808, 815-16 (D.Colo.1991), aff'd, 986 F.2d 1429 (10th Cir.1993).
discussed
Cited "see"
United States v. Loving
See Mattheson v. King, 751 F.2d 1432 (5th Cir.1985) (rejecting a post-trial attack on counsel’s performance where appellant did not tell counsel he was intoxicated at the time of the offense), cert. dismissed, 475 U.S. 1138, 106 S.Ct. 1798 , 90 L.Ed.2d 343 (1986); Bertolotti v. Dugger, 883 F.2d 1503 (11th Cir.1989) (counsel not ineffective where he failed to raise voluntary intoxication defense to murder where defendant told police that he lied about his intoxication and where evidence of intoxication was not sufficient), cert. denied, 497 U.S. 1031 , 110 S.Ct. 3296 , 111 L.Ed.2d 804 (1990).
discussed
Cited "see"
United States v. Powell
See Matheson v. King, 751 F.2d 1432, 1440 (5th Cir. 1985) (counsel not deficient for failing to raise intoxication defense where appellant did not tell counsel he was intoxicated at time of offense), cert. dismissed as moot, 475 U.S. 1138 , 106 S.Ct. 1798 , 90 L.Ed.2d 343 (1986); Bertolotti v. Dugger, 883 F.2d 1503, 1520 (11th Cir.1989) (counsel not deficient for failing to raise intoxication defense where defendant told police he lied about his intoxication), cer t. denied, 497 U.S. 1032 , 110 S.Ct. 3296 , 111 L.Ed.2d 804 (1990).
discussed
Cited "see"
Markham Duff-Smith v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division
See Mattheson v. King, 751 F.2d 1432 (5th Cir.1985), cert. denied, 475 U.S. 1138 , 106 S.Ct. 1798 , 90 L.Ed.2d 343 (1986); United States v. Jones, 712 F.2d 115 (5th Cir.1983). 25 . 474 U.S. 159 , 106 S.Ct. 477 , 88 L.Ed.2d 481 (1985). 26 . 377 U.S. 201 , 84 S.Ct. 1199 , 12 L.Ed.2d 246 (1964). 27 . 473 U.S. 667 , 105 S.Ct. 3375 , 87 L.Ed.2d 481 (1985) (failure of the state to reveal favorable information such as inducements may violate due process). 28 .
discussed
Cited "see"
Wiley v. Puckett
See Mattheson v. King, 751 F.2d 1432, 1445-46 (5th Cir. 1985) (prosecutor's reference to victim's head as having been blown off and into the ceiling did not render trial unfair, in light of evidence at trial), cert. dism'd, 475 U.S. 1138 (1986).
discussed
Cited "see"
William L. Wiley v. Steve W. Puckett, Superintendent, Mississippi State Penitentiary, and Mike Moore, Attorney General
See Mattheson v. King, 751 F.2d 1432, 1445-46 (5th Cir.1985) (prosecutor’s reference to victim’s head as having been blown off and into the ceiling did not render trial unfair, in light of evidence at trial), cert. dism’d, 475 U.S. 1138 , 106 S.Ct. 1798 , 90 L.Ed.2d 343 (1986).
discussed
Cited "see"
Wiley v. Puckett
See Mattheson v. King, 751 F.2d 1432, 1445-46 (5th Cir. 1985) (prosecutor's reference to victim's head as having been blown off and into the ceiling did not render trial unfair, in light of evidence at trial), cert. dism'd, 475 U.S. 1138 (1986).
discussed
Cited "see"
United States v. John v. Capozzi
See Mattheson v. King, 751 F.2d 1432 (5th Cir.1985), cert. dismissed, 475 U.S. 1138 , 106 S.Ct. 1798 , 90 L.Ed.2d 343 (1986); Pennell, 737 F.2d at 527 ; United States v. Hunter, 672 F.2d 815, 818 (10th Cir.1982); United States v. Thevis, 665 F.2d 616, 639-40 (5th Cir.), cert. denied, 459 U.S. 825 , 103 S.Ct. 57 , 74 L.Ed.2d 61 (1982); United States v. Turkish, 623 F.2d 769 (2d Cir.1980); Earl v. United States, 361 F.2d 531, 534 (D.C.
discussed
Cited "see"
Jones v. Bowman
(2×)
Boren By & Through Boren v. City of Colorado Springs, 624 F.Supp. 474 (D.Colo.1985); see Martinez v. Winner, 771 F.2d 424, 444 (10th Cir.1985), vacated on other grounds 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986).
discussed
Cited "see, e.g."
Washington v. Oklahoma City City of
Dec. 17, 2013); see also Martinez v. Winner, 771 F.2d 424, 444 (10th Cir. 1985), vacated on other grounds by Tyus v. Martinez, 475 U.S. 1138 , (1986); Hinton v. Dennis, 362 F. App’x 904, 907 (10th Cir. 2010) (agreeing with the district court that a justice center was not a suable entity under § 1983); Stump v. Gates, 777 F. Supp. 808, 815 (D.
discussed
Cited "see, e.g."
Stump v. Gates
(2×)
See, e.g., Boren v. City of Colorado Springs, 624 F.Supp. 474, 479 (D.Colo.1985) (city’s police department, as merely the vehicle through which city fulfills its policing functions, not a proper party); Stratton v. Boston, 731 F.Supp. 42, 46 (D.Mass.1989) (action dismissed as against city police department that is not an independent legal entity); Reese v. Chicago Police Dept., 602 F.Supp. 441, 443 (N.D.Ill.1984) (Chicago Police Department and Cook County Attorney’s Office have no legal existence independent of city and county, and therefore are not suable entities); see also Martinez v. W…
discussed
Cited "see, e.g."
Willie Albert Smith v. Lee Roy Black, Commissioner, Mississippi Department of Corrections
See, e.g., Mattheson v. King, 751 F.2d 1432, 1445-46 (5th Cir.1985), cert. dismissed as moot, 475 U.S. 1138 , 106 S.Ct. 1798 , 90 L.Ed.2d 343 (1986); Whittington v. Estelle, 704 F.2d 1418, 1423 (5th Cir.), cert. denied, 464 U.S. 983 , 104 S.Ct. 428 , 78 L.Ed.2d 361 (1983); Tijerina v. Estelle, 692 F.2d 3, 7 (5th Cir.1982).
discussed
Cited "see, e.g."
United States v. Aaron Headspeth
See, e.g., Murphy v. Holland, 776 F.2d 470, 475 (4th Cir.1985), vacated on other grounds, 475 U.S. 1138 , 106 S.Ct. 1787 , 90 L.Ed.2d 334 (1986); United States v. Love, 767 F.2d 1052, 1060 (4th Cir.1985); United States v. Moss, 756 F.2d 329, 333 (4th Cir.1985); Smith v. Bordenkircher, 718 F.2d 1273, 1276 (4th Cir.1983).
discussed
Cited "see, e.g."
Rodriguez v. Chandler
See, e.g., Martinez v. Winner, 771 F.2d 424, 440 (10th Cir.1985), modified in part, 788 F.2d 553 , vacated sub. nom Tyus v. Martinez, — U.S. -, 106 S.Ct. 1787 , 90 L.Ed.2d 333 (1986); Ramos v. Flagship Int'l Inc, 612 F.Supp. 148 (E.D.N.Y.1985). 39 .
Retrieving the full opinion text from the archive…
Tyus
v.
Martinez
v.
Martinez
No. 85-1295.
Supreme Court of the United States.
Apr 28, 1986.
Cited by 59 opinions | Published
Citer courts: E.D. Oklahoma (3) · Tenth Circuit (1)
C. A. 10th Cir. Certiorari granted, judgment vacated, and case remanded to the Court of Appeals to consider the question of mootness.