Gates v. Collier’s Empirical Analysis

559 F.2d 241 · 1977

Citation profile

cited by 34 later decisions

November 1989

most recently cited

17 federal appellate · 1 district ·

Relationships

Applies 42 U.S.C. § 1396 (§ 1900 of the Social Security Act of 1935) · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1982 (Civil Rights Act of 1866) · 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. § 1986 · 42 U.S.C. § 1988

Relies on Edelman v. Jordan · Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Alyeska Pipeline Service Company v. Wilderness Society · Hans v. State of Louisiana · Bradley v. School Board of City of Richmond

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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“In any action or proceeding to enforce a provision of sections 1977, 1978, 1979, 1980, and 1981 of the Revised Statutes, title IX of Public Law 92-318, or in any civil action or proceeding, by or on behalf of the United States of America, to enforce, or charging a violation of, a provision of the United States Internal Revenue Code, or title VI of the Civil Rights Act of 1964, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.”
4 later decisions quote this exact passage · from the majority
e.g. Gates v. Collier · Card v. Dempsey
“As with the cases brought under 20 U.S.C. § 1617 , the Emergency School Aid Act of 1972, defendants in these cases are often State or local bodies or State or local officials. In such cases it is intended that the attorney’s fees, like other items of costs, will be collected either directly from the official, in his official capacity, from funds of his agency or under his control, or from the State or local government (whether or not the agency or government is a named party).”
1 later decision quote this exact passage · from the majority
e.g. 747 F. Supp. 344 - Bowman v. City of New Orleans

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.