Benzman v. Whitman’s Empirical Analysis
523 F.3d 119 · 2008
Citation profile
10 federal appellate · 6 district · 1 state decisions
How this case has been cited
Cited by 61 later decisions — most recently May 2025 · most notably Arar v. Ashcroft (2009), Scott v. Fischer (2010)
10 federal appellate · 6 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 15 U.S.C. § 2619 (§ 20 of the Toxic Substances Control Act of 1976) · 16 U.S.C. § 1540 (§ 11 of the Endangered Species Act of 1973) · 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 5148 · 42 U.S.C. § 9659 (§ 310 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 49 U.S.C. § 40101 (Air Traffic Management System Performance Improvement Act of 1996) · 5 U.S.C. § 551 (Administrative Procedure Act of 1946)
Relies on Bell Atlantic Corp. v. Twombly · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Mitchell v. Forsyth · County of Sacramento v. Lewis · Duncan v. Walker
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Mindful of the Supreme Court's admonition not to permit the Due Process Clause to 'transform every tort committed by a state actor into a constitutional violation,' " the Second Circuit has imposed state-created danger liability "with considerable stringency.”
1 later decision quote this exact passage · from the majority“[i] there is a clear right to the relief sought; [ii] the Government has a plainly defined and peremptory duty to perform the act in question; and [iii] there is no other adequate remedy available.”
1 later decision quote this exact passage · from the majoritye.g. Ahmed v. Cissna“no court has ever held a government official liable for denying substantive due process by issuing press releases or making public statements”
1 later decision quote this exact passage · from the majoritye.g. Guertin v. State
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.