Kottmyer v. Maas’s Empirical Analysis
436 F.3d 684 · 2006
Citation profile
42 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 129 later decisions — most recently May 2025 · most notably Bassett v. National Collegiate Athletic Ass'n (2008), League of United Latin American Citizens v. Bredesen (2007)
42 federal appellate · 1 district · 1 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))
Relies on Conley v. Gibson · Foman v. Davis · Santosky v. Kramer · Stanley v. Illinois · Troxel v. Granville
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 129 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he right to family integrity, while critically important, is neither absolute nor unqualified. Martinez v. Mafchir, 35 F.3d 1486, 1490 (10th Cir.1994). The right is limited by an equaling compelling governmental interest in the protection of children, particularly where the children need to be protected from their own parents. Myers v. Morris, 810 F.2d 1437, 1462 (8th Cir.1987). Governmental entities have a “traditional and transcendent interest” in protecting children within their jurisdiction from abuse. Maryland v. Craig, 497 U.S. 836, 855 , 110 S.Ct. 3157 , 111 L.Ed.2d 666 (1990); see also, New York v. Ferber, 458 U.S. 747, 757 , 102 S.Ct. 3348 , 73 L.Ed.2d 1113 (1982) (stating that “the prevention of sexual exploitation and abuse of children constitutes a government objective of surpassing importance”). Thus, “although parents enjoy a constitutionally protected interest in their family integrity, this interest is counterbalanced by the compelling governmental interest in the protection of minor children, particularly in circumstances where the protection is necessary as against the parents themselves.” Wilkinson [v. Russell ], 182 F.3d [89] at 104 [ (2d Cir.1999) ].”
3 later decisions quote this exact passage · from the majority““The Supreme Court has recently clarified the pleading standard necessary to survive a Rule 12(b)(6) motion.” Factual allegations contained in a complaint must “raise a right to relief above the speculative level.” Twombly does not “require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face.” “In reviewing a motion to dismiss, we construe the complaint in the light most favorable to the plaintiff, accept its allegations as true, and draw all reasonable inferences in favor of the plaintiff.” When a court is presented with a Rule 12(b)(6) motion, it may consider the Complaint and any exhibits attached thereto, public records, items appearing in the record of the case and exhibits attached to defendant’s motion to dismiss so long as they are referred to in the Complaint and are central to the claims contained therein.”
3 later decisions quote this exact passage · from the majority“[a] parent is necessarily deprived of his or her right to custody and control of their child, either permanently or temporarily, when a child is removed from the home.”
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.