Bracco v. Lackner’s Empirical Analysis
1978
Citation profile
8 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 27 later decisions — most recently December 2015 · most notably Oakland Tribune, Inc. v. Chronicle Publishing Co. (1985), Holland America Insurance v. Succession of Roy (1985)
8 federal appellate · 5 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 28 U.S.C. § 1331 · 28 U.S.C. § 1343 · 42 U.S.C. § 1396 (§ 1900 of the Social Security Act of 1935) · 42 U.S.C. § 1396A (§ 1902 of the Social Security Act of 1935) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Younger v. Harris · Ex Parte: Edward T Young · Edelman v. Jordan · Goldberg v. Kelly · Perry v. Sindermann
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“former Article XVII, § E.” 4 . The only section of the Elections Code Welker challenges is the $100 expenditure limit. See Amended Verified Complaint, at pp. 15-20. The court recognizes that in the First Amended Complaint McGrew alleges that Article XVII § E and Article XVIII § C of the Elections Code, as amended in late October 2001, both facially and as applied, violate his First Amendment rights; and Masters alleges that Article XVII § F and Article XVIII § B of the Elections Code, as amended in late October 2001, both facially and as applied, violate his First Amendment rights. However, the Motion for preliminary injunction before the court was filed before the amendments were codified and prior to the filing of the First Amended Complaint. Consequently, as conceded by Plaintiffs in their Supplemental Memorandum of Points and Authorities at pages 1 and 2, only Welker’s constitutional challenge to the $100 spending limitation is not moot. 5 . The Eleventh Amendment provides: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”
1 later decision quote this exact passage · from the majority“If Minnesota chooses to operate hospitals for the mentally retarded, the operation must meet minimal constitutional standards, and that obligation may not be permitted to yield to financial considerations . There must be no mistake in the matter. The obligation of the defendants to eliminate existing unconstitutionalities does not depend on what the Legislature may do, or upon what the Governor may do, or, indeed, upon what the defendants may be able to accomplish with means available to them. As stated, if Minnesota is going to operate institutions like Cambridge, their operation is going to have to be consistent with the Constitution of the United States. * * * * * * The question is what priority the Legislature, in the face of competing demands for state funds, is willing to accord to its institutions for the mentally retarded.”
1 later decision quote this exact passage · from the majority“See Bracco v. Lackner, 462 F.Supp. 436, 444-45 (N.D.Cal.1978); Klein v. Mathews, 430 F.Supp. 1005, 1009-10 (D.N.J.1977); Burchette v. Dumpson, 387 F.Supp. 812, 819 (E.D.N.Y.1974). Transfer trauma is characterized by physical and emotional deterioration as well as by increased rates of mortality.”
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.