Dean v. Blumenthal’s Empirical Analysis
577 F.3d 60 · 2009
Citation profile
13 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 41 later decisions (1 by the Supreme Court) — most recently August 2024 · most notably Schindler v. French (2012), Cox v. Glanz (2015)
13 federal appellate · 1 district · 1 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 28 U.S.C. § 46 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Harlow v. Fitzgerald · Lujan v. Defenders of Wildlife · Pearson v. Callahan · Buckley v. Valeo · Friends of the Earth Incorporateds v. Laidlaw Environmental Services Inc
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e have discretion to consider waived arguments. We have exercised this discretion where the argument presents a question of law and there is no need for additional fact-finding. The matter of whether a right was clearly established at the pertinent time is a question of law.”
2 later decisions quote this exact passage · from the majority““is often beneficial,” such as where the analysis of the facts under clearly established law “make[s] it apparent that ... the relevant facts do not make out a constitutional violation at all” and where the question presented does “not frequently arise in cases in which a qualified immunity defense is unavailable.””
1 later decision quote this exact passage · from the majority“[A]lthough Randall did not recognize a First Amendment right to receive campaign contributions, its analysis did not foreclose such recognition.”
1 later decision quote this exact passage · from the majoritye.g. Schickel v. Dilger
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.