Webster v. Himmelbach’s Empirical Analysis
2017
Citation profile
1
cited by 1 later decisions
February 2018
most recently cited
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Farmer v. Brennan · Heck v. Humphrey · Houston v. Lack
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he Heck rule bars [a] plaintiff's claims until the underlying conviction is invalidated, and thus providing the plaintiff with an opportunity to amend the complaint is futile until such time that the state court conviction is reversed, invalidated by a federal writ of habeas corpus, or otherwise expunged or declared invalid.”
1 later decision quote this exact passage · from the concurrencee.g. Opperisano v. Jones“[The Second] Circuit ... recognizes an exception to the favorable termination requirement where a plaintiff ... was never in state custody, 'that is, where an action under § 1983 was a diligent plaintiff's only opportunity to challenge his conviction in a federal forum.'”
1 later decision quote this exact passage · from the concurrencee.g. Opperisano v. Jones“[I]f the habeas remedy is a reasonable and practical option, a plaintiff's failure to diligently seek out this avenue of relief prevents a subsequent assertion of the Jenkins / Leather exception.”
1 later decision quote this exact passagee.g. Opperisano v. Jones
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.