Barton v. Malley’s Empirical Analysis
626 F.2d 151 · 1980
Citation profile
21 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 32 later decisions — most recently July 2021 · most notably E & T Realty v. Strickland (1987), United States v. Salazar (1983)
21 federal appellate · 4 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
Applies 28 U.S.C. § 636
Relies on United States v. United States Gypsum Co. · Johnson v. Zerbst · Morrissey v. Brewer · Wolff v. McDonnell · Gagnon v. Scarpelli
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To support a defense of selective or discriminatory prosecution, a defendant bears the heavy burden of establishing, at least prima facie, (1) that, while others similarly situated have not generally been proceeded against because of conduct of the type forming the basis of the charge against him, he has been singled out for prosecution and (2) that the government’s discriminatory selection of him for prosecution has been invidious or in bad faith, i.e., based upon such impermissible considerations as race, religion or the desire to prevent his exercise of constitutional rights. These two essential elements are sometimes referred to as an “intentional and purposeful discrimination.””
1 later decision quote this exact passage · from the majority“based on intentional, purposeful discrimination stemming from impermissible considerations such as race, religion or the desire to prevent the exercise of other constitutionally secured rights.”
1 later decision quote this exact passage · from the majority“[a]ggressively displaying one's antipathy to the ... system or daring the Government to enforce it does not create immunity from or a defense to, prosecution.”
1 later decision quote this exact passage · from the majoritye.g. No. 84-1370
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.