Tatro v. Kervin’s Empirical Analysis
41 F.3d 9 · 1994
Citation profile
33 federal appellate · 24 district · 4 state decisions
How this case has been cited
Cited by 70 later decisions — most recently July 2025 · most notably Provencher v. CVS Pharmacy, Division of Melville Corp. (1998), Mendocino Environmental Center v. Mendocino County (1999)
33 federal appellate · 24 district · 4 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.
Appellate journey
reviewedthe decision below (from Massachusetts District Court)
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Anderson v. Creighton · Graham v. Connor · Mt. Healthy City School District Board of Education v. Doyle · Hunter v. Bryant · Brewster v. Derwinski
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a tendency to confuse or mislead the jury with respect to the applicable principles of law.”
2 later decisions quote this exact passage“'[c]lear' has been defined as '[o]bvious beyond reasonable doubt,' and 'clear and convincing proof' has been described as 'proof beyond a reasonable, i.e., a well-founded doubt' or else as 'more than a preponderance but less than is required in a criminal case.'”
1 later decision quote this exact passage“two dramatically conflicting versions of the events [which] required the jury to ascribe to either one version or the other.”
1 later decision quote this exact passage
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.