Wilson v. Libby’s Empirical Analysis
535 F.3d 697 · 2008
Citation profile
25 federal appellate · 69 district ·
How this case has been cited
Cited by 119 later decisions — most recently May 2025 · most notably Kim v. United States (2011), Judicial Watch, Inc. v. United States Secret Service (2013)
25 federal appellate · 69 district ·
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 28 U.S.C. § 2675 · 28 U.S.C. § 2679 · 50 U.S.C. § 421 (§ 601 of the National Security Act of 1947) · 5 U.S.C. § 552 (Freedom of Information Act) · 5 U.S.C. § 552A (§ 3 of the Privacy Act of 1974)
Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Mitchell v. Forsyth · Steel Co. v. Citizens for a Better Environment · Baker v. Carr · Butz v. Economou
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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Conduct of a servant is within the scope of employment if, but only if: (a) it is of the kind he is employed to perform; (b) it occurs substantially within the authorized time and space limits; (c) it is actuated, at least in part, by a purpose to serve the master, and (d) if force is intentionally used by the servant against another, the use of force is not unexpectable by the master.”
7 later decisions quote this exact passage · from the concurrence“[p]rominent on the surface of [the] case ... is found a [1] textually demonstrable constitutional commitment of the issue to a coordinate political department; or [2] a lack of judicially discoverable and manageable standards for resolving it; or [3] the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or [4] the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or [5] an unusual need for unquestioning adherence to a political decision already made; or [6] the potentiality of embarrassment from multifarious pronouncements by various departments on one question.”
4 later decisions quote this exact passage“In Wilkie , there was no comprehensive scheme demonstrating “that Congress expected the Judiciary to stay its Bivens hand,” but the Court declined to imply a Bivens remedy nonetheless. [Wilkie, 127 S.Ct.] at 2600. The Court held that a remedy for allegedly harassing conduct of government officials would “come better, if at all, through legislation [because] ‘Congress is in a far better position than a court to evaluate the impact of a new species of litigation’ against those who act on the public’s behalf.” Id. at 2604-05. Thus, the Court again made clear that there is no “automatic entitlement” to a Bivens remedy regardless of “what other means there may be to vindicate a protected interest.” Id. at 2597.”
2 later decisions quote this exact passage
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.