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← 495 F.2d 57 - Roberts v. Acres

Roberts v. Acres’s Empirical Analysis

495 F.2d 57 · 1974

Citation profile

34
cited by 34 later decisions
1
states following
December 2002
most recently cited

11 federal appellate · 3 district · 2 state decisions

How this case has been cited

Cited by 34 later decisions — most recently December 2002 · most notably Tarkowski v. Robert Bartlett Realty Co. (1980), Maclin v. Paulson (1980)

11 federal appellate · 3 district · 2 state decisions

1601974198019902000decided

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. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Conley v. Gibson · Monroe v. Pape · Screws v. United States · United States v. Price · Marshall v. Sawyer

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

  1. ““Modern commentators adhere to the proposition that the Federal Rules of Civil Procedure sanctions “notice” pleading. The complaint is designed to apprise the defendant of the incident out of which a cause of action arose and the general nature of the action. The relevant facts may be determined by discovery, with the pleadings being liberally construed so as to do substantial justice and facilitate a proper decision on the merits.” 495 F.2d at 58 .”
    5 later decisions quote this exact passage
  2. “The plaintiff further alleges that the shooting by defendant occurred while decedent was not committing any crime nor had he committed any offense prior thereto, nor was there any process issued out of any court of competent jurisdiction. As a direct result of the conduct, under color of law, of defendant, James Acres, the plaintiff’s decedent was killed without being afforded due process or equal protection of the law as guaranteed under the Fourteenth Amendment to the United States Constitution. It is readily apparent that the allegations contained herein set forth a deprivation of constitutional rights, for the Fourteenth Amendment prohibits state officials from taking life except in accordance with due process of law. . . . Therefore, the second element necessary to state a cause of action under the Civil Rights Act is met by the instant complaint.”
    1 later decision quote this exact passage
  3. ““In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” 355 U.S. at 45-46 , 78 S.Ct. at 102 .”
    1 later decision quote this exact passage

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.