Cavett v. Ellis’s Empirical Analysis
578 F.2d 567 · 1978
Citation profile
21 federal appellate · 1 district ·
How this case has been cited
Cited by 29 later decisions — most recently March 2014 · most notably Justices of Supreme Court of Puerto Rico Colegio De Abogados De Puerto Rico (1982), Pruitt v. Levi Strauss & Co. (1991)
21 federal appellate · 1 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. § 1651 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Ohio Bureau of Employment Services v. Hodory · Preiser v. Rodriguez · Ellis v. Dyson · United States v. Perry County Board of Education · 316 F. Supp. 352 - Parducci v. Rutland
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Stripped to the bone, the plaintiffs action under § 1983 is little more than a habeas corpus action without a custody requirement. We do not believe that § 1983 was meant to be a substitute for habeas corpus when there is no custody.... Under his theory of § 1983, the appellant would have us sit in perpetual review of all criminal decisions. We will not make the appellant’s § 1983 action the greater writ by avoiding the custody requirement of § 2254 indirectly while refusing to extend the custody requirement directly.”
1 later decision quote this exact passage · from the majority“Stripped to the bone, the plaintiff’s action under § 1983 is little more than a habeas corpus action without a custody requirement. We do not believe that § 1983 was meant to be a substitute for habeas corpus when there is no custody.... Under his theory of § 1983, appellant would have us sit in perpetual review of all criminal decisions.”
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.