Birnbaum v. Trussell’s Empirical Analysis
347 F.2d 86 · 1965
Citation profile
45 federal appellate · 9 district ·
How this case has been cited
Cited by 91 later decisions — most recently September 2005 · most notably Kauffman v. Moss (1970), Kletschka v. Driver (1969)
45 federal appellate · 9 district ·
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 Snowden v. Hughes · Collins v. Hardyman · Dioguardi v. Durning · Powell v. Workmen's Compensation Board · American-Hawaiian Steamship Co. v. United States
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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““§ 1983. Civil action for deprivation of rights. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall b”e Hable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. R.S. § 1979.””
3 later decisions quote this exact passage · from the majority“A showing that defendants acted “within the scope of their employment and authority” is not sufficient to defeat the district court’s jurisdiction. It would nullify the whole purpose of the civil rights statutes to permit all governmental officers to resort to the doctrine of official immunity. The statutory condition of defendant’s acting “under color” of state or territorial law contemplates that he act in an official capacity. To the extent that state or municipal officers * * * violate or conspire to violate constitutional and federal rights, the Civil Rights Laws * *' * abrogate the doctrine of official immunity. See The Doctrine of Official Immunity Under the Civil Rights Acts, 68 Harv.L.Rev. 1229 (1955).”
2 later decisions quote this exact passage · from the majoritye.g. Dale v. Hahn · No 169“'singled ... out for unlawful oppression' in contrast to others similarly situated.”
2 later decisions quote this exact passage · from the majority
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.