Bishop v. Avera’s Empirical Analysis
177 F.3d 1233 · 1999
Citation profile
3 federal appellate ·
How this case has been cited
Cited by 11 later decisions — most recently March 2012
3 federal appellate ·
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 28 U.S.C. § 1291 · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on Anderson v. Creighton · County of Sacramento v. Lewis · Patterson v. McLean Credit Union · Behrens v. Pelletier · Post v. City of Fort Lauderdale
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Supreme Court decision in Patterson [v. McLean Credit Union, 491 U.S. 164 , 109 S.Ct. 2363 , 105 L.Ed.2d 132 (1989)] is arguably on point. In that ease, the Court found that Patterson, who appears to be an at-will employee, fell within § 1981’s protection. See Patterson, 491 U.S. at 185 , 109 S.Ct. 2363 , 105 L.Ed.2d 132 . However, in light of the subsequent division in lower courts, we cannot say that Patterson so clearly established the law as to strip Avera [Plaintiffs supervisor] of qualified immunity.”
1 later decision quote this exact passage · from the majority“clearly unlawful in light of the pre-existing law governing claims under § 1981,”
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.