Phifer v. Herbert’s Empirical Analysis
1993
Citation profile
2 district · 38 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Woolwine v. Furr's, Inc. · Schmitz v. Smentowski · Pharmaseal Laboratories, Inc. v. Goffe · C & H Construction & Paving Co. v. Citizens Bank · Mantz v. Follingstad
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Compliance with the grievance procedure of the NMHRA is a prerequisite to suit under this Act. Jaramillo v. J.C. Penney Co., 102 N.M. 272 , 694 P.2d 528 (Ct.App.1985). However, the requirement that administrative remedies for employment discrimination claims recognized by statute be exhausted does not prevent an employee from filing a complaint based on a common law tort without first resorting to such administrative remedies.”
1 later decision quote this exact passage“The law intervenes only where the distress inflicted is so severe that no reasonable [person] could be expected to endure it.”
1 later decision quote this exact passagee.g. Trujillo v. Nora
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.