Grover William Sims v. Cecil E. Fox’s Empirical Analysis
492 F.2d 1088 · 1974
Citation profile
17 federal appellate · 6 district ·
How this case has been cited
Cited by 29 later decisions — most recently April 2003 · most notably Hodges v. Callaway (1974), Ecology Center of Louisiana, Inc. v. Coleman (1975)
17 federal appellate · 6 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
Relies on Board of Regents of State Colleges v. Roth · Perry v. Sindermann · Cafeteria & Restaurant Workers Union, Local 473 v. McElroy · Joint Anti-Fascist Refugee Committee v. McGrath · Wisconsin v. Constantineau
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Finally, the appellees contend that the trial court did not have jurisdiction of this matter because of the failure of Lt. Sims to pursue available administrative remedies. In its brief filed in this court the government’s position is far from clear. It states: “Plaintiff has not exhausted his administrative remedies. He has further administrative appeals under 10 U.S.C. § 1552 (32 CFR 865A) and U.S.C. § 1553(32 CFR 865 B).” It is apparent that neither of these forms of administrative hearings would be available to Lt. Sims until after his discharge had been completed and his separation both as an active and as a reserve officer had become final. The sections were both enacted initially for the purpose of avoiding a large number of “private” bills in Congress by. which formerly discharged service men sought to have the nature or character or type of discharge certificate corrected because of real or imaginary defects in the military system which they felt had prejudiced them. 1 ( Italics supplied).”
1 later decision quote this exact passage · from the concurrence““Simply stated, an honest inquiry into the basis for Sims’ discharge would demonstrate that [Sims] had been given a discharge for reasons that would greatly undercut the status of the discharge as ‘an honorable discharge.’ . . . There can be no doubt but that Sims’ discharge [would be] a flawed passport back to civilian] life.” 492 F.2d at 1091 .”
1 later decision quote this exact passage · from the majoritye.g. Sims v. Fox“[W]here a person’s good name, reputation, honor, or integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential.”
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.