Wiltsie v. California Department of Corrections’s Empirical Analysis
406 F.2d 515 · 1968
Citation profile
42 federal appellate · 7 district · 2 state decisions
How this case has been cited
Cited by 66 later decisions — most recently March 1998 · most notably Johnson v. Glick (1973), Gillespie v. Civiletti (1980)
42 federal appellate · 7 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
Relies on United States v. Price · Lee Dodd v. Spokane County · Williford v. People · Baldwin v. Morgan
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The pleadings filed by appellant contain allegations which could be said to tax a reader’s credulity. It might be noted that sections 118, 118a and 126 of the California Penal Code define the crime of perjury and provide for a penalty for its commission. However, in passing on a motion to dismiss for failure to state a claim, the facts set forth in the complaint must be assumed to be true * * * Viewed in this respect the complaint does state a cause of action under the Civil Rights Act and should not have been dismissed under Fed.R.Civ.Proc., Rule 12(b).” [page 993],”
1 later decision quote this exact passage · from the majority““It must be clear from what is said above that the ‘facts’ of this case to which we have been referring are simply those which have been alleged by [Curtis] and which are as yet unproved. We have accepted those allegations of fact as true only for the purpose of this appeal. At the trial the plaintiff will have the burden of proving allegations which state a claim for relief. In addition to contesting those issues of fact, defendants will have an opportunity to develop such other defenses as they may plead.” 6”
1 later decision quote this exact passage · from the majoritye.g. Curtis v. Everette“The provisions of Section 1915(d) for dismissal of a frivolous or malicious action actually contemplates sua sponte action by the district court before summons has issued, rather than action pursuant to a motion to dismiss.”
1 later decision quote this exact passage · from the majoritye.g. Brown v. Schneckloth
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.