Cairl v. State’s Empirical Analysis
1982
Citation profile
2 federal appellate · 1 district · 80 state decisions
How this case has been cited
Cited by 85 later decisions — most recently April 2016 · most notably 117 Ill. 2d 507 - Kirk v. Michael Reese Hospital & Medical Center (1987), 468 So. 2d 912 - Trianon Park Condominium v. City of Hialeah (1985)
2 federal appellate · 1 district · 80 state decisions — followed in 14 states
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. § 2680
Relies on Ohio Bureau of Employment Services v. Hodory · 17 Cal. 3d 425 - Tarasoff v. Regents of University of California · 69 Cal. 2d 782 - Johnson v. State of California · Local Union No. 12 v. National Labor Relations Board · 27 Cal. 3d 741 - Thompson v. County of Alameda
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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The [discretionary immunity] exemption from tort liability recognizes that the courts, through the vehicle of a negligence action, are not an appropriate forum to review and second-guess the acts of government which involve “the exercise of judgment or discretion.” * * ⅜ The problem is * * * that almost every act involves some measure of discretion, and yet undoubtedly not every act of government is entitled to discretionary immunity. * * * Accordingly, we must examine the nature of the decisionmaking process to determine whether discretionary immunity obtains. * * * [Decisions involving] the balancing of complex and competing factors comprising “a discretionary choice between alternatives” [invoke the immunity exception].”
4 later decisions quote this exact passage“almost every act involves some measure of discretion, and yet undoubtedly not every act of government is entitled to discretionary immunity. As we have said, “[discretionary immunity must be narrowly construed in light of the fact that it is an exception to the general rule of [governmental] liability.” Accordingly we must examine the nature of the decision making process to determine whether discretionary immunity obtains.”
3 later decisions quote this exact passage“The decision to release [the patient], involving as it does the professional evaluation of such factors as the protection of the public, his physical and psychological needs, the relative suitability of the home environment, and the need to reintegrate him into the community, is precisely the type of governmental decision that discretionary immunity was designed to protect from tort litigation by after-the-fact review.”
3 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.