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← 368 F.3d 549 - Hamby v. Neel

Hamby v. Neel’s Empirical Analysis

368 F.3d 549 · 2004

Citation profile

33
cited by 33 later decisions
2
states following
September 2019
most recently cited

9 federal appellate · 2 state decisions

Relationships

Relies on Celotex Corporation v. Catrett H · Board of Regents of State Colleges v. Roth · Mathews v. Eldridge · Richardson v. Perales · Mullane v. Central Hanover Bank & Trust Co.

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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it.” Hamby v. Neel, 368 F.3d 549, 557 (6th Cir.2004) (quoting Bd. of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972)). We have explained that such interests “are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law — rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.” Id. (quoting Roth, 408 U.S. at 576 , 92 S.Ct. 2701 ).”
    1 later decision quote this exact passage · from the majority
  2. “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, 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 be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress....”
    1 later decision quote this exact passage · from the majority
  3. “rationally related to a legitimate state objective.”
    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.