McQueen v. Druker’s Empirical Analysis
438 F.2d 781 · 1971
Citation profile
56 federal appellate · 17 district · 23 state decisions
How this case has been cited
Cited by 110 later decisions — most recently April 2012 · most notably Geneva Towers Tenants Organization v. Federated Mortgage Investors (1974), George T. Adams v. Southern California First National Bank, Willie O. Hampton and Mattie Hampton, Individually and on Behalf of All Otherssimilarly Situated v. The Bank of California, National Association, a California Bankingcorporation (1974)
56 federal appellate · 17 district · 23 state decisions — followed in 12 states
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 28 U.S.C. § 1331 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Aetna Life Ins Co of Hartford Conn v. Haworth · Burton v. Wilmington Parking Authority · Thorpe v. Housing Authority of Durham · United States v. Price · Marsh v. State of Alabama
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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(W)hen a specific governmental function is carried out by heavily subsidized private firms whose freedom of decision-making has, by contract and the reserved governmental power of continuing oversight, been circumscribed substantially more than that generally accorded an independent contractor, the coloration of state action fairly attaches.”
7 later decisions quote this exact passage · from the majority““We concede that little guidance in making a principled decision is found in such serpentine words as ‘insinuated’, ‘involved’, ‘entwined’, or ‘intertwining’. Commentators have varied in approving or disapproving this lack of precision, but all have recognized it.” Id. at 783 (citations omitted).”
1 later decision quote this exact passage · from the majority““We view our task of ‘sifting facts and weighing circumstances’ as one to be done to the end of determining when it is fair and reasonable to hold an individual subject to the same duties of observance of constitutional rights as are imposed on a governmental unit.””
1 later decision 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.