Mescall v. Burrus’s Empirical Analysis
603 F.2d 1266 · 1979
Citation profile
23 federal appellate · 5 district ·
How this case has been cited
Cited by 121 later decisions (1 by the Supreme Court) — most recently September 2012 · most notably General Building Contractors Assn., Inc. v. Pennsylvania (1982), Kost v. Kozakiewicz (1993)
23 federal appellate · 5 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 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Conley v. Gibson · Village of Arlington Heights v. Metropolitan Housing Development Corp. · Washington v. Davis · Reynolds v. Sims · Personnel Administrator of Mass. v. Feeney
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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]ll persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.”
6 later decisions quote this exact passage · from the dissent“it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”
2 later decisions quote this exact passage · from the majority“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ..., subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity or other proper proceeding for redress....”
1 later decision quote this exact passage · from the dissente.g. Kost v. Kozakiewicz
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.