Nance v. Jd Vieregge’s Empirical Analysis
147 F.3d 589 · 1998
Citation profile
37 federal appellate · 3 district ·
How this case has been cited
Cited by 93 later decisions — most recently September 2017 · most notably Galbraith v. County of Santa Clara (2002), DeWalt v. Carter (2000)
37 federal appellate · 3 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 Conley v. Gibson · Parratt v. Taylor · Heck v. Humphrey · Hishon v. King & Spalding · Hudson v. Palmer
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“no relief could be granted 'under any set of facts that could be proved consistent with the allegations.'”
4 later decisions quote this exact passage · from the majority“Heck holds that a damages remedy that necessarily implies the invalidity of a criminal conviction ... is impermissible while that conviction stands. Nance pleaded guilty; his motion to withdraw the guilty plea was denied; and although the prison’s unconstitutional hindrance of his efforts to withdraw the plea (if that is what occurred) would be a good ground for a new hearing on the motion to set aside the plea, it would not establish that Nance is entitled to damages for the wrongful incarceration — not unless he went to trial and was acquitted, or the invalidity of his incarceration was established in some other fashion. The holding of Lewis that a claim based on deprivation of access to the courts requires proof of concrete injury, combined with the holding of Heck, means that a prisoner must have the judgment annulled before damages are available for wrongful imprisonment.”
2 later decisions quote this exact passage · from the majority“[c]ivil rights complaints are not held to a higher standard than complaints in other civil litigation.”
2 later decisions quote this exact passage · from the majority
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.