Lucas v. State’s Empirical Analysis
2004
Citation profile
7
cited by 7 later decisions
1
states following
March 2017
most recently cited
5 state decisions
Relationships
Relies on Harlow v. Fitzgerald · Scheuer v. Rhodes · Anderson v. Creighton · Mitchell v. Forsyth · Malley v. Briggs
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Immunity from suit of all governmental entities is removed for injury proximate ly caused by a negligent act or omission of any employee within the scope of his employment except if the injury arises out of: (1) the exercise or performance or the failure to exercise or perform a discretionary function, whether or not the discretion is abused; ...”
1 later decision quote this exact passage · from the dissent“decisions that rise to the level of planning or policy-making are considered discretionary acts which do not give rise to tort liability, while decisions that are merely operational are not considered discretionary acts and, therefore, do not give rise to immunity.”
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.