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← 49 F.3d 1490 - Cross

Cross’s Empirical Analysis

Citation profile

173
cited by 173 later decisions
3
states following
January 2020
most recently cited

27 district · 4 state decisions

How this case has been cited

Cited by 173 later decisions — most recently January 2020 · most notably 46 Cal. App. 4th 55 - Janken v. GM Hughes Electronics (1996), Fiol v. Doellstedt (1996)

27 district · 4 state decisions

7701990200020102020decided

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 Mitchell v. Forsyth · Harris v. Forklift Systems, Inc. · Meritor Savings Bank, FSB v. Vinson · Bonner v. City of Prichard · Landgraf v. USI Film Products

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 173 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"Individual capacity suits under Title VII are ... inappropriate. The relief granted under Title VII is against the employer, not individual employees whose actions would constitute a violation of the Act. We think the proper method for a plaintiff to recover under Title VII is by suing the employer, either by naming the supervisory employees as agents of the employer or by naming the employer directly.””
    3 later decisions quote this exact passage · from the majority
  2. “In order to establish a violation of the Equal Protection Clause, appellees must prove discriminatory motive or purpose. Whiting v. Jackson State University, 616 F.2d 116, 122 (5th Cir.1980). The court in Whiting held that “such intent should be inferred in the same manner as [the Supreme Court] said it is inferred under [42 U.S.C. § 2000e-5].” Whiting, 616 F.2d at 121 . “When section 1983 is used as a parallel remedy for violation of section 703 of Title VII [42 U.S.C. § 2000e-2], the elements of the two causes of action are the same.” Hardin v. Stynchcomb, 691 F.2d 1364 , 1369 n. 16 (11th Cir.1982) (citing Whiting, 616 F.2d at 123 ).”
    1 later decision quote this exact passage · from the majority
  3. “a reasonable person ... could not have believed doing nothing ['in response to knowledge of a subordinate director’s sexual harassment’] was lawful, in light of the clearly established law that sexual harassment and discrimination was an infringement of legal rights,” Id. It is the Plaintiffs’ task to trace Cross’s lineage to establish the unconstitutionality of the defendants’ actions in 1993, and the court declines to do it for them. A judge cannot”
    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.