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← 2006 SD 8 - Benson v. State

Benson v. State’s Empirical Analysis

2006

Citation profile

46
cited by 46 later decisions
2
states following
November 2025
most recently cited

1 federal appellate · 2 district · 41 state decisions

How this case has been cited

Cited by 46 later decisions — most recently November 2025 · most notably Cable v. UNION COUNTY BOARD OF COUNTY COMMISSIONERS (2009), Rupert v. City of Rapid City (2013)

1 federal appellate · 2 district · 41 state decisions

200200620102020decided

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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Lujan v. Defenders of Wildlife · Ex Parte: Edward T Young · Lujan v. National Wildlife Federation · Penn Central Transportation Co. v. New York City · Gladstone, Realtors v. Village of Bellwood

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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[T]he elements of the tort of civil trespass ... require only that: One who intentionally and without a consensual or other privilege (a) enters land in possession of another or any part thereof or causes a thing or third person so to do, or (b) remains thereon is liable as a trespasser to the other irrespective of whether harm is thereby caused to any of his legally protected interests.”
    2 later decisions quote this exact passage · from the concurrence
  2. “consistently held that statements of individual legislators are not persuasive to establish the intent of the Legislature for a particular statute. There are 105 legislators and there may be 105 different[,] individual reasons they vote for or against a bill.”
    1 later decision quote this exact passage · from the dissent
  3. “a litigant must show: (1) an injury in fact suffered by the plaintiff, (2) a causal connection between the plaintiff's injury and the conduct of which the plaintiff complains, and (3) the likelihood that the injury will be redressed by a favorable decision.”
    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.