25 Ill. App. 3d 291 - Alberty v. Daniel’s Empirical Analysis
1974
Citation profile
9 federal appellate · 2 district · 30 state decisions
How this case has been cited
Cited by 56 later decisions — most recently August 1991 · most notably Perkins v. Silverstein (1991), 36 N.C. App. 80 - Williams v. Greene (1978)
9 federal appellate · 2 district · 30 state decisions
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. § 1343 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Chamberlain v. Brown · 133 Ill. App. 2d 473 - People v. Fort · 20 Ariz. App. 561 - Perry v. Apache Junction Elementary School District 43 Board of Trustees · Fish v. McGann · 351 Ill. App. 539 - People Ex Rel. Vestuto v. O'CONNOR
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”
2 later decisions quote this exact passage · from the majority““* « * [Although the historical background and the congressional records as recited by the court [referring to Chamberlain v. Brown (Tenn. 1969), 442 S.W.2d 248, 252 ] pertinent to this legislation indicate that the statute creating the action was directed to the Federal trial forum, there is no evidence that the action was limited to the exclusive jurisdiction of the Federal courts. The provisions of 28 U.S.C. §1343 confer upon injured parties the right to maintain an action based on section 1983 in the Federal courts without the necessity of satisfying jurisdictional requirements of the diversity of citizenship and amount in controversy. The practical considerations as to pursuing relief in the federal or state courts are left to the individual litigants. We conclude that the courts of the State of Illinois have concurrent jurisdiction with the Federal courts to hear claims founded upon alleged violations of 42 U.S.C. §1983 .””
1 later decision quote this exact passage · from the majority“The principal purpose of the evaluation procedure is not to protect the rights of probationary employees, as plaintiff contends, but rather, to aid the department head in making a determination to either discharge or retain such employee.”
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.