Spence v. Straw’s Empirical Analysis
54 F.3d 196 · 1995
Citation profile
14 federal appellate · 11 district ·
How this case has been cited
Cited by 64 later decisions — most recently July 2022 · most notably Taylor, Carolyn v. Small, Lawrence M. (2003), Antol v. Perry (1996)
14 federal appellate · 11 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. § 1291 · 28 U.S.C. § 1331 · 29 U.S.C. § 701 (Employment Opportunities for Individuals With Disabilities Act) · 29 U.S.C. § 791 · 29 U.S.C. § 793 · 29 U.S.C. § 794 · 29 U.S.C. § 794A · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Brown v. General Services Administration · University of Texas v. Camenisch · Bogosian v. Gulf Oil Corp. · Prewitt v. United States Postal Service · Pushkin v. Regents of the University of Colorado
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The lack of clarity in § 505(a)(2)’s “federal provider” provision is underscored by the precision with which Congress has waived the Federal Government’s sovereign immunity from compensatory damages claims for violations of § 501 of the Rehabilitation Act, 29 U.S.C. § 791 , which prohibits discrimination on the basis of disability in employment decisions by the Federal Government. In § 505(a)(1), Congress expressly waived the Federal Government’s sovereign immunity against certain remedies for violations of § 501: “The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 which allows monetary damages ... shall be available, with respect to any complaint under section 501 of this Act, to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint.” 29 U.S.C. § 794a(a)(l). Section 505(a)(l)’s broad language— “any complaint under section 501” suggests by comparison with § 505(a)(2) that Congress did not intend to treat all § 504(a) defendants alike with regard to remedies. Had Congress wished to make Title VI remedies available broadly for all § 504(a) violations, it could easily have used language in § 505(a)(2) that is as sweeping as the “any complaint” language contained in § 505(a)(1). But our analysis need not end there. In the Civil Rights Act of 1991, Congress made perfectly plain that compensatory damages would be available for certain violatio”
1 later decision quote this exact passage · from the majority“set forth in Title VII of the Civil Rights Act of 1964. See 29 U.S.C. § 794a(a)(1). Title VII's exhaustion requirement therefore applies to plaintiffs suing under section 501. The Act also, however, has a general provision, section 504, which bars discrimination against the disabled (including employment discrimination) in all federally-funded programs. Violations of section 504 may be redressed through section 505(a)(2), which permits plaintiffs to invoke”
1 later decision quote this exact passage · from the majority“Congress clearly recognized both in section 501 and in section 504 that individuals now have a private cause of action to obtain relief for handicap discrimination on the part of the federal government and its agencies. The amendments to section 504 were simply the House’s answer to the same problem that the Senate saw fit to resolve by strengthening section 501.”
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.