Walker v. Thompson’s Empirical Analysis
288 F.3d 1005 · 2002
Citation profile
55 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 207 later decisions — most recently July 2020 · most notably Edwards v. Marin Park, Inc. (2004), 241 F. Supp. 2d 281 - In Re Initial Public Offering Securities Litigation (2003)
55 federal appellate · 3 district · 1 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
Relies on Conley v. Gibson · Swierkiewicz v. Sorema N. A. · Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit · William O'sullivan v. Darren Boerckel · Beck v. Prupis
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 207 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he difference in grounds is potentially consequential. Dismissal for failure to exhaust is without prejudice and so does not bar the reinstatement of the suit unless it is too late to exhaust ... as otherwise a prisoner could evade the exhaustion requirement by filing no administrative grievance or by intentionally filing an untimely one. In contrast, dismissal of a suit for failure to state a claim is always with prejudice and so always precludes reinstatement.”
2 later decisions quote this exact passage · from the majority“Rule 9(b) has a short list of matters (such as fraud) that must be pleaded with particularity; conspiracy is not among them. ‘[I]t is enough in pleading a conspiracy merely to indicate the parties, general purpose, and approximate date, so that the defendant has notice of what he is charged with.’”
2 later decisions quote this exact passage · from the majority“All that need be specified is the bare minimum facts necessary to put the defendant on notice of the claim so that he can file an answer.... All that’s required to state a claim in a complaint filed in a federal court is a short statement, in plain (that is, ordinary, non-legalistic) English, of the legal claim .... The courts keep reminding plaintiffs that they don’t have to file long complaints, don’t have to plead facts, don’t have to plead legal theories.... Had Higgs merely alleged that the defendants had retaliated against him for filing a suit, without identifying the suit or the act or acts claimed to have constituted retaliation, the complaint would be insufficient ... because the defendant would not have known how to respond. But Higgs specified both the suit and the act of retaliation ..., and this specification was enough to enable the defendants to file an answer.”
1 later decision quote this exact passage · from the concurrence
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.