Herwins v. The City of Revere M’s Empirical Analysis
163 F.3d 15 · 1998
Citation profile
9 federal appellate · 20 district ·
How this case has been cited
Cited by 39 later decisions — most recently May 2023 · most notably González-Droz v. González-Colón (2011), O'Neill v. Baker (2000)
9 federal appellate · 20 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 Terry v. Ohio · Cleveland Board of Education v. Loudermill · Parratt v. Taylor · Goldberg v. Kelly · 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“). 31 . As we observed in Herwins, the law might have developed so as to hold the official liable under the Fourteenth Amendment for his own mistake even if the state had done all it could.... But the Supreme Court has ruled that in such cases there is no denial of procedural due process, even by the official, so long as the state provides an adequate means of redress. 163 F.3d at 19 . Oddly, this approach seems to give officials an incentive to behave as outrageously as possible in certain circumstances because the further the departure from”
2 later decisions quote this exact passage · from the majority“federal suits might be brought for countless local mistakes by officials in administering the endless array of state laws and local ordinances”
2 later decisions quote this exact passage · from the majority“[wjhile state law led [the building inspector] to invoke summary closure, his “authorized” use of the summary power would not violate the Constitution, and [his] improper use is exactly the kind of “random and unauthorized” conduct that the local government had no duty (and ■indeed no practical way), to forestall through a predeprivation hearing — a procedure itself inconsistent with true emergency conditions.”
1 later decision 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.