Duncan v. Nelson’s Empirical Analysis
466 F.2d 939 · 1972
Citation profile
44 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 87 later decisions — most recently July 2012 · most notably Moore v. Marketplace Restaurant, Inc. (1985), White v. Rochford (1979)
44 federal appellate · 2 district · 2 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 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Miranda v. State of Arizona Vignera · Monroe v. Pape · Pierson v. Ray · Malloy v. Hogan · Spano v. People of the State of New York
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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although physical violence would ordinarily make damages greater and more easily ascertainable, we see no reason in either logic or experience to require . . . physical violence as a necessary prerequisite to suit under § 1983.”
1 later decision quote this exact passage · from the concurrencee.g. White v. Rochford“an unrebuttable presumption in the criminal action that the defendant's rights were transgressed.”
1 later decision quote this exact passage · from the dissent
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.