Shay v. Rossi’s Empirical Analysis
2000
Citation profile
2 federal appellate · 16 district · 400 state decisions
How this case has been cited
Cited by 420 later decisions — most recently February 2025 · most notably Miller v. Egan (2003), Kizis v. Morse Diesel International, Inc. (2002)
2 federal appellate · 16 district · 400 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Stump v. Sparkman · Gurliacci v. Mayer · Suarez v. Dickmont Plastics Corp. · Connell v. Colwell · Pamela B. v. Ment
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 420 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he motion to dismiss shall be used to assert (1) lack of jurisdiction over the subject matter. . . .”
24 later decisions quote this exact passage“In order to establish that the defendants’ conduct was wanton, reckless, wilful, intentional and malicious, the plaintiff must prove, on the part of the defendants, the existence of a state of consciousness with reference to the consequences of one’s acts.... [Such conduct] is more than negligence, more than gross negligence.... [I]n order to infer it, there must be something more than a failure to exercise a reasonable degree of watchfulness to avoid danger to others or to take reasonable precautions to avoid injury to them.... It is such conduct as indicates a reckless disregard of the just rights or safety of others or of the consequences of the action.... [In sum, such] conduct tends to take on the aspect of highly unreasonable conduct, involving an extreme departure from ordinary care, in a situation where a high degree of danger is apparent....”
19 later decisions quote this exact passage“Where, however . . . the motion is accompanied by supporting affidavits containing undisputed facts, the court may look to their content for determination of the jurisdictional issue and need not conclusively presume the validity of the allegations of the complaint.”
10 later decisions quote this exact passage
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.