Case Citator › John W. Vicory v. Robert R. Walton, Sheriff of Butler County and John F. Holcomb, Butler County Prosecutor

John W. Vicory v. Robert R. Walton, Sheriff of Butler County and John F. Holcomb, Butler County Prosecutor

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
Sixth Circuit
Citation
721 F.2d 1062
Decided
Confirmed treatments
1
Flagged citations read
61 of 61
Citing cases (total)
61
Treatment dates
1995
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. A sister federal appeals court declined to follow part of John W. Vicory v. Robert R. Walton's procedural due process rule. All 61 flagged citations have been read.
More on how this was screened

The confirmed treatment is listed below. The Sixth Circuit's rule continues to be applied in later opinions.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

61 later cases cite John W. Vicory v. Robert R. Walton, Sheriff of Butler County and John F. Holcomb, Butler County Prosecutor; 61 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on John W. Vicory v. Robert R. Walton, Sheriff of Butler County and John F. Holcomb, Butler County Prosecutor?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Declined to follow

  • The Ninth Circuit rejected Vicory's requirement to challenge available state remedies for a deliberate public employment deprivation.

    Clements v. Airport Authority of Washoe County · Ninth Circuit · filed

    The court rested this conclusion on a Sixth Circuit requirement that “in a procedural due process case under section 1983, the plaintiff must attack the state’s corrective procedure as well as the substantive wrong.” 934 F.2d at 731 (quoting Vicory v. Walton, 721 F.2d 1062 (6th Cir.1983)). However, the Sixth Circuit created this rule as an extension of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), and we have already rejected such an extension of the Parratt doctrine.
    Read the full opinion on CourtListener →

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