Cole v. Smith’s Empirical Analysis
344 F.2d 721 · 1965
Citation profile
42 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 73 later decisions — most recently February 1995 · most notably Johnson v. Glick (1973), United States ex rel. Miller v. Twomey (1973)
42 federal appellate · 4 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. § 1915 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985
Relies on Hague v. Committee for Industrial Organization · Screws v. United States · Collins v. Hardyman · Dowd v. United States Cook · Cochran v. Kansas
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““State officials can only be held accountable under the Civil Rights Act, supra, in the federal courts for conduct and actions taken pursuant to their official duties and where a clear showing is made of a violation of some federal constitutional right, -x- * * (A)lleged assaults by state prison officials, without any showing of a constitutional violation, are matters for consideration of internal prison discipline of interest solely to the state and actionable, if at all, in the state courts.””
1 later decision quote this exact passage · from the majority“If the assaults as appellant (in our case plaintiff) here alleges did in fact occur, they could possibly be violative of some state law, but “the problem” confronting us “is not whether state law has been violated,” but rather whether a constitutional right has been violated. (Cases omitted). Cole v. Smith, 344 F.2d 721, 724 (8th Cir. 1965).”
1 later decision quote this exact passage · from the majoritye.g. Townes v. Swenson“The court * * * may dismiss the case * * * if satisfied that the action is frivolous or malicious. [ 28 U.S.C. § 1915 (d).]”
1 later decision quote this exact passage · from the majoritye.g. Van Meter v. Morgan
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.