Montano v. Hedgepeth’s Empirical Analysis
120 F.3d 844 · 1997
Citation profile
10 federal appellate · 5 district ·
How this case has been cited
Cited by 27 later decisions — most recently January 2023 · most notably Rodriguez v. Plymouth Ambulance Service (2009), Tomic v. Catholic Diocese (2006)
10 federal appellate · 5 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 2000B
Relies on Lugar v. Edmondson Oil Co. · West v. Atkins · Polk County v. Dodson · City of Boerne v. Flores · Agostini v. Felton Chancellor Board of Education of the City of New York
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A bulwark for individual liberties, 42 U.S.C. § 1983 provides legal redress to individuals who suffer violations of their federal rights at the hands of any “person” who acts “under color” of state law. That being so, a § 1983 plaintiff can prevail only if he proves he has been subjected to a deprivation of “rights, privileges, or immunities secured by the Constitution or laws of the United States.” And naturally, the challenged conduct must have been committed by one who acts “under color of state law.””
1 later decision quote this exact passage · from the majority“Second, the party charged with the deprivation must be a person who may fairly be said to be a state actor. This may be because he is a state official, because he has acted together with or has obtained significant aid from state officials, or because his conduct is otherwise chargeable to the State.”
1 later decision quote this exact passage · from the majoritye.g. Federer v. Gephardt“In ascertaining the presence of state action, we must examine the record to determine whether `the conduct allegedly causing the deprivation of a federal right [is] fairly attributable to the State.'”
1 later decision quote this exact passage · from the majoritye.g. Federer v. Gephardt
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.