Stuart v. United States’s Empirical Analysis
23 F.3d 1483 · 1994
Citation profile
13 federal appellate · 1 district ·
How this case has been cited
Cited by 19 later decisions — most recently March 2017
13 federal appellate · 1 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
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on United States v. Grinnell Corp. · Indian Towing Company v. United States · United States v. Muniz · Reading Co. v. Schweitzer · Darden v. Wainwright
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Ninth Circuit has refused to grant immunity to federal officers based on state statutes that confer public entity immunity for the conduct of government employees in an action, against the United States under the FTCA. Wright [v. U.S.], 719 F.2d [1032] at 1034-35 [ (9th Cir.1983) ]. Wright relied on a string of Supreme Court cases holding that state law immunity from liability does not apply to the United States in an action under the FTCA. See United States v. Muniz, 374 U.S. 150 , 10 L.Ed.2d 805 , 83 S.Ct. 1850 (1963); Indian Towing Co. v. United States, 350 U.S. 61 , 100 L.Ed.2d 48 , 76 S.Ct. 122 (1955). In Indian Towing, the Court declared that the FTCA was “not self-defeating by covertly embedding the casuistries of municipal liability for torts.” Id. at 65 [ 76 S.Ct. at 125 ]. The Court went on to warn: the Court should not “as a self-constituted guardian of the Treasury import immunity back into a statute designed to limit it.” Id. at 69 , [ 76 S.Ct. at 126 ]. Because of the Supreme Court’s clear teaching that the “casuistry of municipal law” should not be incorporated into the Federal Tort Claims Act, we hold that California Vehicle Code § 17004.7 does not apply to the United States in an action under the FTCA.”
1 later decision quote this exact passage · from the majority“While the judge made no secret of his skepticism of appellants' position it does not necessarily follow that the judge's ultimate fact findings were erroneous.... The parties were permitted to respond to the district court's expressed concerns to the best of their ability.”
1 later decision quote this exact passage · from the majority“[t]he Ninth Circuit has refused to grant immunity to federal officers based on state statutes that confer public entity immunity for the conduct of government employees in an action against the United States under the FTCA.”
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.