Martone v. McKeithen’s Empirical Analysis
413 F.2d 1373 · 1969
Citation profile
10 federal appellate · 1 district ·
How this case has been cited
Cited by 24 later decisions — most recently September 1984
10 federal appellate · 1 district ·
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 Monroe v. Pape · Pierson v. Ray · Tenney v. Brandhove · Jenkins v. McKeithen · Barr v. Matteo
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A. The Governor of the State has immunity from damage suits for acts within the sphere of executive activity. Barr v. Matteo, 1959, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 ; Gregoire v. Biddle, 2 Cir. 1949, 177 F.2d 579 ; Norton v. McShane, 5 Cir. 1964, 332 F.2d 855 . As Judge Learned Hand said in Gregoire v. Biddle, 177 F.2d at 851 : ‘The justification for doing so is that it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute, or the most irresponsible, in the unflinching discharge of their duties.’ ””
2 later decisions quote this exact passage · from the majority“who under color of law deprives another person of his civil rights. The legislative record gives no clear indication that Congress meant to abolish wholesale all common-law immunities.”
1 later decision quote this exact passage · from the majoritye.g. Krause v. Rhodes“'We do not believe that this settled principle of [the immunity of public officers from suit] was abolished by Sec. 1983, which makes liable”
1 later decision quote this exact passage · from the majoritye.g. Krause v. Rhodes
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.