Guyton v. Phillips’s Empirical Analysis
1981
Citation profile
9 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 31 later decisions — most recently May 2019 · most notably Bell v. City of Milwaukee (1984), Smith v. City of Fontana (1987)
9 federal appellate · 1 district · 3 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)) · 42 U.S.C. § 1985 · 42 U.S.C. § 1988
Relies on Scheuer v. Rhodes · Bell v. Hood · Carey v. Piphus · Rochin v. People of California · Griffin v. Breckenridge
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Had the victim survived, he could have recovered, among other things, ... pain and suffering. The inescapable conclusion is that there may be substantial deterrent effect to conduct that results in the injury of an individual but virtually no deterrent to conduct that kills the victim.”
4 later decisions quote this exact passage · from the dissent“This court considers the better view to be that claims arising under § 1983 survive as a principle of federal common law without regard to state law. That view takes into consideration the need for a uniform policy of survival and damages. It recognizes the remedial purposes of the Act. It also eliminates the need to refer to, analyze, and rationalize state statutes that were not enacted in contemplation of the Act or its intent. However, taking heed of the guidance offered by the majority in Robertson [supra ], this court follows what appears to be the present interpretation of § 1988. Therefore, we look to the state statute, and if an inconsistency with federal law is found, we look to the federal common law. [The restrictions found in California’s survival statute] ... are significantly inhospitable to the policies fostered by the [Civil Rights] Act.”
1 later decision quote this exact passage · from the dissent“To hold otherwise would require that the plaintiff assume the responsibility of proving a part of the defendants’ affirmative defense, for, in proving that the force was excessive, plaintiff would be called upon to show that the defendants used more force than was necessary or lawful to effect the arrest. Essentially this would relieve the defendants of establishing in the first instance that the force that was used was reasonable or necessary. Id.”
1 later decision quote this exact passage · from the majority
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.