Bishop v. Tice’s Empirical Analysis
622 F.2d 349 · 1980
Citation profile
57 federal appellate · 10 district · 2 state decisions
How this case has been cited
Cited by 119 later decisions — most recently January 2019 · most notably Ellis v. Blum (1981), Velez v. Levy (2005)
57 federal appellate · 10 district · 2 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 Conley v. Gibson · Monell v. Department of Social Services of City of New York · Adickes v. S. H. Kress & Co. · Scheuer v. Rhodes · United Mine Workers of America v. Gibbs
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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The government contends that the complaint, against the defendants as individuals and not in their official capacity, fails to allege governmental action. We disagree. First, suing an individual in his capacity as an officer of government, while necessary to secure relief from the government, is not indispensable to an allegation of governmental action. An individual officer of government may be personally liable for damages for actions that have deprived the plaintiff of his constitutional rights.” 6”
1 later decision quote this exact passage · from the majority“The existence of civil service discharge appeal procedures is of little avail to Bishop, however, if, as he has alleged, defendants blocked his resort to them by failing to cooperate with his inquiries and by continuing their threat to lodge criminal charges .... if Bishop can prove defendants interfered with his right to procedural due process, he is entitled to the damages that actually resulted, which would include, for example, mental and emotional distress.”
1 later decision quote this exact passage · from the majority“A Bivens style remedy for wrongfully dismissed federal employees not only is unnecessary but also would be at odds with the existing discharge appeal procedures to the extent that dismissed employees would be encouraged to bypass these procedures in order to seek direct judicial relief against either the government or individual government officers.”
1 later decision quote this exact passage · from the majoritye.g. Arar v. Ashcroft
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.