Cook v. Sheldon’s Empirical Analysis
41 F.3d 73 · 1994
Citation profile
36 federal appellate · 11 district · 2 state decisions
How this case has been cited
Cited by 213 later decisions — most recently September 2019 · most notably Lennon v. Miller (1995), Savino v. City of New York (2003)
36 federal appellate · 11 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)) · 42 U.S.C. § 1988
Relies on Harlow v. Fitzgerald · Mitchell v. Forsyth · Wilson v. Garcia · Bibby v. United States · Daniel v. Security Pacific National Bank
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 213 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) employs regularly issued legal process to compel performance or forbearance of some act, (2) with intent to do harm without excuse o[r] justification, and (3) in order to obtain a collateral objective that is outside the legitimate ends of the process.”
11 later decisions quote this exact passage · from the majoritye.g. Dowd v. DeMarco · Thagard v. Lauber“Though section 1983 provides the federal claim, we borrow the elements of the underlying malicious prosecution tort from state law.”
5 later decisions quote this exact passage · from the majoritye.g. Taylor v. Meacham · Taylor v. Evans“In the criminal context, malicious abuse of process is by definition a denial of procedural due process.”
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.