Armstrong v. Rushing’s Empirical Analysis
352 F.2d 836 · 1965
Citation profile
49 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 64 later decisions — most recently February 2000 · most notably Max Lopez Jr v. Ga Smith Larry Loo a Acevedo Patterson 4a-2r (2000), 17 Cal. 3d 908 - Payne v. Superior Court (1976)
49 federal appellate · 1 district · 2 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Francis L. Harmon v. The Superior Court Of California
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he court cannot know, without hearing the parties, whether it may be possible for appellant to state a claim entitling him to relief, however strongly it may incline to the belief that he cannot.”
4 later decisions quote this exact passage · from the majority“(1) process issued and served, (2) notice of any motion thereafter made by defendant or the court to dismiss the complaint and the grounds therefor, (3) an opportunity to at least submit a written memorandum in opposition to such motion, (4) in the event of dismissal, a statement of the grounds therefor, and (5) an opportunity to amend the complaint to overcome the deficiency unless it clearly appears from the complaint that the deficiency cannot be overcome by amendment.”
3 later decisions quote this exact passage · from the majority“on its own motion, and before issuance or service of process upon defendant, dismissed the complaint without leave to amend.”
1 later decision 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.