Bogard v. Cook’s Empirical Analysis
586 F.2d 399 · 1978
Citation profile
78 federal appellate · 3 district · 9 state decisions
How this case has been cited
Cited by 167 later decisions — most recently October 2013 · most notably Wright v. Collins (1985), Allison v. Citgo Petroleum Corp. (1998)
78 federal appellate · 3 district · 9 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 Monell v. Department of Social Services of City of New York · Scheuer v. Rhodes · Estelle v. Gamble · Wolff v. McDonnell · Edelman v. Jordan
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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“if he knew or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights”
6 later decisions quote this exact passage · from the concurrence“an official either actually intended to do harm to the plaintiff, or took an action which, although not intended to do harm, was so likely to produce injury that the harm can be characterized as substantially certain to result. The spirit of the rule reaches nonfeasance as well as misfeasance. It does not insulate an official who, although not possessed of any actual malice or intent to harm, is so derelict in his duties that he must be treated as if he in fact desired the harmful results of his inaction. At the same time, however, the test requires that a plaintiff show that the official’s action, although labeled as ‘reckless’ or ‘grossly negligent,’ falls on the actual intent side of terms, rather than on the side of simple negligence.”
4 later decisions quote this exact passage · from the concurrence“with the malicious intent to cause a deprivation of constitutional rights or other injury.”
4 later decisions quote this exact passage · from the concurrence
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.