Edwin Duba v. W. Don McIntyre’s Empirical Analysis
501 F.2d 590 · 1974
Citation profile
31 federal appellate · 7 district · 1 state decisions
How this case has been cited
Cited by 52 later decisions (1 by the Supreme Court) — most recently July 2024 · most notably Imbler v. Pachtman (1976), Henry v. Farmer City State Bank (1986)
31 federal appellate · 7 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
Relies on Scheuer v. Rhodes · Pierson v. Ray · Illinois Power Co. v. Local Union No. 51, International Brotherhood of Electrical Workers · Bradley v. Fisher · Pargoud v. United States
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A quasi-judicial form of immunity is extended to police and other court officers for purely ministerial acts where they do nothing other than perform orders issuing from a court.”
2 later decisions quote this exact passage · from the majority“A judge will not lose his immunity because of a mere error in judgment even though the resultant act be in excess of the Court’s jurisdiction. Ryan v. Scoggin [ 245 F.2d 54 , (10 Cir.1957)] supra; O’Bryan v. Chandler, 352 F.2d 987 (10th Cir. 1965) cert. den. 384 U.S. 926 , 86 S.Ct. 1444 , 16 L.Ed.2d 530 , rehearing den. 385 U.S. 889 , 87 S.Ct. 13 , 17 L.Ed.2d 123 . “Excess of jurisdiction” as distinguished from entire absence of jurisdiction, means that the act, although within the general power of the judge, is not authorized and therefore void, because conditions which alone authorize exercise of judicial power in the particular case are wanting and judicial power is not lawfully invoked.”
1 later decision quote this exact passage · from the majoritye.g. Harley v. Oliver“arrested and detained for about one hour, and 110 of his hogs were attached, loaded, and removed to an auction barn in York, Nebraska, where they were sold the following day without bond, inventory, or advertisement.”
1 later decision quote this exact passage · from the majoritye.g. Briggs v. Goodwin
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.