Miller v. Gammie’s Empirical Analysis
335 F.3d 889 · 2003
Citation profile
453 federal appellate · 35 district · 1 state decisions
How this case has been cited
Cited by 940 later decisions — most recently July 2025 · most notably Alliance for Wild Rockies v. Cottrell (2011), Olsen v. Idaho State Board of Medicine (2004)
453 federal appellate · 35 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
Applies 28 U.S.C. § 46 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Cohen v. Beneficial Industrial Loan Corp. · Mitchell v. Forsyth · Malley v. Briggs · Imbler v. Pachtman · Pierson v. Ray
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 940 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here the reasoning or theory of our prior circuit authority is clearly irreconcilable with the reasoning or theory of intervening higher authority, a three-judge panel should consider itself bound by the later and controlling authority, and should reject the prior circuit opinion as having been effectively overruled.”
49 later decisions quote this exact passage“undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable.”
32 later decisions quote this exact passage · from the concurrence“a three-judge panel may not overrule a prior decision of the court,”
7 later decisions quote this exact passage · from the dissent
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.