Bricker v. Crane’s Empirical Analysis
468 F.2d 1228 · 1972
Citation profile
63 federal appellate · 32 district · 6 state decisions
How this case has been cited
Cited by 120 later decisions — most recently February 2007 · most notably Aulson v. Blanchard (1996), James H. McLellan v. Mississippi Power & Light Company, International Brotherhood of Electricalworkers, Local 605 Electrical Workers (1977)
63 federal appellate · 32 district · 6 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. § 1343 · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985
Relies on Adickes v. S. H. Kress & Co. · Foman v. Davis · Rooker v. Fidelity Trust Co. · Griffin v. Breckenridge · Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation
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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order to avoid [interpreting § 1985(3) as a general federal tort law], the Court construed the statute to require, as an element of the cause of action, a showing of some invidiously discriminatory motivation. “The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based invidiously discriminatory animus behind the conspirators’ action.””
2 later decisions quote this exact passage · from the majority“Depriving persons of rights or privileges (3) If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages, occasioned by such injury or deprivation, against any one or more of the conspirators.”
1 later decision quote this exact passage · from the majoritye.g. Means v. Wilson“If two or more persons in any State or Territory conspire . . . for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Armstrong
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.