Milton Lasher v. Raymond P. Shafer’s Empirical Analysis
460 F.2d 343 · 1972
Citation profile
25 federal appellate · 5 district ·
How this case has been cited
Cited by 53 later decisions — most recently June 1993 · most notably Mortensen v. First Federal Savings & Loan Ass'n (1977), Skehan v. Board of Trustees (1974)
25 federal appellate · 5 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 28 U.S.C. § 1343 · 32 U.S.C. § 702 · 32 U.S.C. § 708 · 32 U.S.C. § 709 (National Guard Technicians Act of 1968) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 5 U.S.C. § 8331 (Capitol Police Retirement Act)
Relies on Pierson v. Ray · Barr v. Matteo · Spalding v. Vilas · Maryland Levin v. United States
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“how the acts alleged in the complaint, if they occurred, were in any way related to the care of the entrusted federal property. The acts complained of ... were done in the capacity of member or employee of the Commonwealth militia, and in pursuit of that militia's perceived interests.”
2 later decisions quote this exact passage · from the majority“that status does not inform us whether those injuring him [them] acted under color of state or federal law.”
2 later decisions quote this exact passage · from the majority“Appellees urge that assuming the district court erred in dismissing under Fed.R.Civ.P. 12 for lack of jurisdiction, the judgment should nevertheless be affirmed on the ground that they are immune from damage suits. They rely on cases such as Pierson v. Ray, 386 U.S. 547 , 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967), Barr v. Matteo, 360 U.S. 564, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959), and Spalding v. Vilas, 161 U.S. 483 , 16 S.Ct. 631, 40 L.Ed. 780 (1896). Clearly, however, a decision that each of the appellees is entitled to some form of executive immunity is one that cannot be made on the basis of the allegations in the complaint. There is no record before us from which we could conclude that any of the appellees, if they committed the acts alleged, were acting in an area which is so vital to some overriding public interest that it must be immunized from the possibility of civil accountability in a court for violation of the Civil Rights Act.”
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.