In Re Kenneth L. Turner’s Empirical Analysis
1994
Citation profile
9 district ·
How this case has been cited
Cited by 9 later decisions — most recently August 2011
9 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
Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Hensley v. Eckerhart · Alyeska Pipeline Service Company v. Wilderness Society · United States v. Mitchell · Hanrahan v. Hampton
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a court may award reasonable fees and expenses of attorneys ... to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity.... The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law....”
2 later decisions quote this exact passage · from the concurrence“a court shall award to a prevailing party ... fees and other expenses ... incurred by that party in any civil action ... including proceedings for judicial review of agency action, brought by or against the United States ... unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.”
2 later decisions quote this exact passage · from the majority“[A] district court’s substitution order [i]s based upon the Liability Reform Act, which was intended to restore full tort immunity to all federal employees acting within the scope of their employment. The immunity is conferred by [28 U.S.C.] § 2679(b): “The remedy against the United States ... for injury ... from the negligent or wrongful act of any employee of the Government while acting within the scope of his office or employment is exclusive.... ” The immunity is triggered when the Attorney General or his designate (here, the U.S. Attorney) certifies that federal employees have been sued for conduct within the scope of their employment. “Upon certification ... the United States shall be substituted as the party defendant,” § 2679(d)(1).”
1 later decision quote this exact passage · from the concurrence
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.