Tucker v. Duncan’s Empirical Analysis
499 F.2d 963 · 1974
Citation profile
17 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 38 later decisions — most recently July 1996 · most notably Wright v. Collins (1985), Singleton v. City of New York (1980)
17 federal appellate · 3 district · 1 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Lavender v. Kurn · Street v. Surdyka · Langford v. Boston & Albany Railroad · Chicago, St. P., M. & O. Ry. Co. v. Kulp
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“42 U.S.C. § 1983 is a right of action for the deprivation of federal constitutional rights. It is not a federal remedy for ordinary state tort claims, for it can vindicate only federal constitutional rights determined under federal substantive law . . . Within those confines, however, it is not inappropriate to borrow from state law a developed body of rules governing actionable wrongs and a procedural bar to the assertion of a federal claim of relative triviality. Tucker v. Duncan et al., 499 F.2d 963 (1974).”
3 later decisions quote this exact passage · from the majority“after his attorney spoke with the prosecutor in a back room”
1 later decision quote this exact passage · from the majoritye.g. Hilfirty v. Shipman
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.