Fletcher v. Hook’s Empirical Analysis
446 F.2d 14 · 1971
Citation profile
22 federal appellate · 10 district · 1 state decisions
How this case has been cited
Cited by 72 later decisions — most recently October 2015 · most notably Slotnick v. Staviskey (1977), Howell v. Cataldi (1972)
22 federal appellate · 10 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 18 U.S.C. § 1621 · 28 U.S.C. § 753 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985 · 42 U.S.C. § 1986
Relies on Time, Inc. v. Bon Air Hotel, Inc. · Negrich v. Hohn · United States of America Ex Rel. John G. O'Brien C-8019 v. J. F. Maroney, Superintendent, State Correctional Institution at Pittsburgh, Pennsylvania · James Hoey Fear v. Commonwealth of Pennsylvania and R. K. Johnson, Warden, York County Prison, York, Pennsylvania
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As to the claim under 42 U.S.C. § 1983 , the complaint alleges no more than a tort claim for malpractice against the attorney based on contentions that he allowed the criminal case to be brought to trial without proper preparation, lie failed to interview witnesses, he refused to attack a defective indictment, causing plaintiff to receive an excessive sentence, and that he did not help plaintiff to appeal. We have consistently held that such a tort claim against a professional man for malprac tice “is not cognizable under the Civil Rights Act.” Smith v. Clapp, 436 F.2d 590 (3d Cir. 1970); Isenberg v. Prasse, 433 F.2d 449 (3d Cir. 1970); cf. Bush v. Robinson, 442 F.2d 393 (3d Cir. 1971); Fear v. Commonwealth et al., 413 F.2d 88 (3d Cir. 1969); Christman v. Commonwealth, et al., 275 F.Supp. 434 , 435 (W.D.Pa.1967), application for leave to proceed on appeal in forma pauperis denied (3d Cir., Misc.No. 893, Orders of 3/11/68 and 4/5/68), cert. den. sub nom. Christman v. Lesher, 393 U.S. 885 , 89 S.Ct. 195 , 21 L.Ed.2d 161 (1968).”
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.