Nees v. Bishop’s Empirical Analysis
1981
Citation profile
2 federal appellate ·
Relationships
Applies 28 U.S.C. § 1331 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Scheuer v. Rhodes · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Butz v. Economou · Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics · G. M. Leasing Corp., and George I. Norman Iii, Plaintiff-Intervenor v. The United States of America
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Right to consult with attorney. Any person committed, imprisoned, or arrested for any cause, whether or not such person is charged with an offense, shall be allowed to consult with an attorney-at-law of this state whom such person desires to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable. Except where extradition proceedings have been completed or are not required by law, when any such person is about to be moved beyond the limits of this state, the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself of the laws of this state for the security of personal liberty. Section 16-3-404, C.R.S.1973, provides: Duty of officers to admit attorney. (1) All peace officers or persons having in custody any person committed, imprisoned, or arrested for any alleged cause shall forthwith admit any attorney-at-law in this state, upon the demand of the prisoner or of a friend, relative, spouse, or attorney of the prisoner, to see and consult the person so imprisoned, alone and in private, at the jail or other place of custody, if such person so imprisoned expressly consents to see or to consult with the attorney. (2) Any peace officer or person violating the duty imposed by this section or section 16-3-403 shall forfeit and pay not less than one hundred dollars nor more than one thousand dollars to the person imprisoned or to his attorney for the benefi”
1 later decision quote this exact passage · from the majoritye.g. Nees v. Bishop“The evidence of the note, the turning away of the public defender, the failure to provide plaintiff with an attorney despite his request, and the incarceration of plaintiff for almost two days without permitting him to see an attorney, was sufficient to establish that the plaintiff was denied his constitutionally guaranteed right to counsel under the Sixth Amendment of the United States Constitution.”
1 later decision quote this exact passage · from the majoritye.g. Nees v. Bishop“... did not make a finding, and does not in this opinion find that defendant violated the statute and, therefore, should be fined thereunder. However, the statute did serve as a touchstone for the Court in determining an appropriate measure of damages for the constitutional violation.”
1 later decision quote this exact passage · from the majoritye.g. Nees v. Bishop
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.