598 So. 2d 801 - Mitchell v. Davis’s Empirical Analysis
1992
Citation profile
60 state decisions
How this case has been cited
Cited by 66 later decisions — most recently November 2018 · most notably 990 So. 2d 831 - Alabama Dept. of Transp. v. Harbert Intern., Inc. (2008), 853 So. 2d 928 - Ex Parte Haralson (2003)
60 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Smith v. Organization of Foster Families for Equality & Reform · 3 Cal. 3d 914 - Gibson v. Gibson · Goller v. White · Falco v. PADOS · Dunlap v. Dunlap
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a result favorable to the plaintiff would directly affect a contract or property right of the State,”
4 later decisions quote this exact passage · from the concurrence““[T]he use of the parental immunity doctrine by foster parents should be limited, because of the nature of foster care. Foster parents differ from natural parents and others who stand in loco par-entis, because there is no relationship by blood, marriage, or adoption. Foster parents are selected and approved by DHR. Foster care is temporary and is based upon a contract with the state. Foster children can be transferred at any time, and the foster home must be monitored by DHR. Foster parents are paid a supplement for necessities of the foster children. Therefore, this Court considers it necessary to limit the parental immunity doctrine to claims of simple negligence as it relates to foster parents.””
3 later decisions quote this exact passage · from the concurrence“"Foster care has been defined as `"a child welfare service which provides substitute family care for a planned period for a child when his own family cannot care for him for a temporary or extended period, and when adoption is neither desirable nor possible."` Smith v. Organization of Foster Families, 431 U.S. 816, 823 , 97 S.Ct. 2094, 2099 , 53 L.Ed.2d 14 (1977). "`The goal of foster care is not to create a new "family" unit or to encourage permanent emotional ties between the child and foster parents. Foster care is designed to provide a stable, nurturing, noninstitutionalized environment for the child while the natural parent or caretaker attempts to remedy the problems which precipitated the child's removal or, if parental rights have been terminated, until suitable adoptive parents are found.' " Mayberry v. Pryor, 422 Mich. 579 , 374 N.W.2d 683 (1985), citing Smith, 431 U.S. at 861-62 , 97 S.Ct. at 2119 (Stewart, J., concurring)."”
2 later decisions quote this exact passage
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.