Alan S. Kostka v. David W. Hogg’s Empirical Analysis
560 F.2d 37 · 1977
Citation profile
70 federal appellate · 45 district · 3 state decisions
How this case has been cited
Cited by 146 later decisions (2 by the Supreme Court) — most recently September 2012 · most notably Owen v. City of Independence (1980), Gomez v. Toledo (1980)
70 federal appellate · 45 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
Relies on Scheuer v. Rhodes · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Mt. Healthy City School District Board of Education v. Doyle · Edelman v. Jordan · Monroe v. Pape
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 146 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ . . . [Tjhere has been something akin to an explicit Congressional determination that political subdivisions are not to be held liable in damages for violations of constitutional rights. Although no act of Congress expressly so states, the Court has in a series of decisions beginning in 1961 interpreted § 1983, which was originally enacted in the Civil Rights Act of 1871, as embodying an affirmative policy that federal courts should not hold municipalities liable in damages when municipal employees violate individuals’ constitutional rights.” Kostka v. Hogg, 560 F.2d 37, 42-43 (1st Cir. 1977).”
2 later decisions quote this exact passage · from the majority““When there is a request for the judicial creation of a supplemental damages remedy arising directly under a constitutional provision, Bivens . . teaches that a federal court should proceed with caution. Compare Cort v. Ash, 422 U.S. 66, 78 , 95 S.Ct. 2080 , 45 L.Ed.2d 26 (1975). It should carefully assess the existing remedies and consider the extent to which there has been a Congressional or other determination that the supplemental remedy should not be available.” Kostka v. Hogg, 560 F.2d 37 at 42 (C.A. 1, 1977).”
2 later decisions quote this exact passage · from the majority“designed to implement the constitutional guarantee”
2 later decisions quote this exact passage · from the majoritye.g. Davis v. Passman · Bishop v. Tice
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.