Kirker v. Moore’s Empirical Analysis
1970
Citation profile
4 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 17 later decisions — most recently April 1990
4 federal appellate · 1 district · 5 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. § 1331 · 29 U.S.C. § 152 (§ 2 of the National Labor Relations Act) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on United States v. United Mine Workers of America · Hans v. State of Louisiana · Cafeteria & Restaurant Workers Union, Local 473 v. McElroy · Larson v. Domestic & Foreign Commerce Corp. · Barr v. Matteo
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Governor of the State has immunity from damage suits for acts within the sphere of executive activity. Barr v. Matteo, 1959, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 , Gregoire v. Biddle, 177 F.2d 579 (2d Cir. 1949); Norton v. McShane, 332 F.2d 855 (5th Cir. 1964). As Judge Learned Hand said in Gregoire v. Biddle, su pra, 177 F.2d at 581 : “The justification for doing so is that it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute, or the most irresponsible, in the unflinching discharge of their duties.” Martone v. McKeithen, supra, at 1375 .”
1 later decision quote this exact passagee.g. Morrow v. Igleburger“[I] t would appear that the plaintiffs in this case are confronted by the insuperable barrier of the 11th amendment since it is now well settled that under the amendment a state is immune from suit in a federal court by its own citizens. Hans v. Louisiana, 134 U.S. 1 , 10 S.Ct. 504 , 33 L.Ed. 842 (1890). Whether the action is a suit against a state within the meaning of the amendment is to be determined by the character of the proceeding and the relief sought rather than the mere names of the titular parties to the litigation. [citations omitted] Kirker v. Moore, supra at 624 .”
1 later decision quote this exact passagee.g. Morrow v. Igleburger“No function is more completely internal to a branch of government than the selection and retention or dismissal of its employees. * * * In the absence of statute or ancient custom to the contrary, executive offices are held at the will of the appointing authority, not, for life or for fixed terms.”
1 later decision quote this exact passagee.g. Nunnery v. Barber
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.