Stanley v. Tucker v. Joseph D. Maher’s Empirical Analysis
497 F.2d 1309 · 1974
Citation profile
47
cited by 47 later decisions
3
states following
January 1986
most recently cited
25 federal appellate · 4 district · 3 state decisions
Relationships
Relies on Adickes v. S. H. Kress & Co. · Monroe v. Pape · Pierson v. Ray · Sniadach v. Family Finance Corp. of Bay View · Rosado v. Wyman
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The only basis for Tucker’s claim against [the deputy sheriff] is that the statute under which he proceeded was unconstitutional. It is well, settled, however, .that a peace officer cannot be charged with the responsibility of predicting the future course of constitutional law. Pierson v. Ray * * *. In the absence of bad faith, it is therefore apparent that no action lies against [the sheriff] under § 1983. There is abundant authority for this proposition even where a warrantless arrest is made.” (emphasis supplied, citations omitted.)”
1 later decision quote this exact passage · from the majority“In Shirley v. State Nat'l Bank, 493 F.2d 739 (2d Cir. 1974), and Bond v. Dentzer, 494 F.2d 302 (2d Cir. 1974), after both panels had split 2-1 over state action issues, rehearings en banc were denied . by votes of 5-3. In Jackson v. Statler Foundation, 496 F.2d 623 (2d Cir. 1974), again a state action case, a rehearing en banc was also denied by a failure of a majority of the active judges to vote in favor of such reconsideration; the vote was 4-4, 496 F.2d at 636.”
1 later decision quote this exact passage · from the concurrence“while normally the requirement of ulteri- or purpose or improper motive is not necessary to establish a § 1983 violation, ... “[w]hen an essential element of the wrong itself under well established principles of tort law includes the demonstration of an improper motive as in malicious prosecution, ... then such principle becomes a part of see. 1983.””
1 later decision quote this exact passage · from the concurrence
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.