Freeman v. Flake’s Empirical Analysis
448 F.2d 258 · 1971
Citation profile
57 federal appellate · 5 district · 16 state decisions
How this case has been cited
Cited by 96 later decisions (1 by the Supreme Court) — most recently April 2024 · most notably Freeman v. Flake (1972), Karr v. Schmidt (1972)
57 federal appellate · 5 district · 16 state decisions — followed in 14 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
Relies on Monroe v. Pape · Bell v. Hood · Griswold v. State of Connecticut · United States v. O'Brien · Tinker v. Des Moines Independent Community School District
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““... The existence of the § 1983 remedy does not require that federal courts entertain all suits in which constitutional deprivations are asserted. A federal constitutional question must exist ‘not in mere form, but in substance, and not in mere assertion, but in essence and effect.’ Cuyahoga River Power Co. v. Northern Ohio Traction & Light Co., 252 U.S. 388, 397 , 40 S.Ct. 404, 408 , 64 L.Ed. 626 .” 470 F.2d at 1189 .”
8 later decisions quote this exact passage · from the majority““It does not follow that all such invasions however trivial or frivolous serve to activate remedies under the due process clause of the Fourteenth Amendment as well as those parts of the Bill of Rights which are incorporated in and made a part of due process.””
8 later decisions quote this exact passage · from the majority“Whether the allegations of a complaint state a claim for relief is a question of law. Bell v. Hood, 327 U.S. 678 , 682, 66 S.Ct. 773 , 90 L.Ed. 939 . Complaints which are based on nothing more than school regulations of the length of a male student’s hair do not “directly and sharply implicate basic constitutional values” and are not cognizable in federal courts under the principles stated in Epperson v. Arkansas.”
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.