Fitzgerald v. Peek’s Empirical Analysis
636 F.2d 943 · 1981
Citation profile
33 federal appellate · 6 district ·
How this case has been cited
Cited by 66 later decisions — most recently December 2023 · most notably Rowe v. Griffin (1982), O'Hair v. White (1982)
33 federal appellate · 6 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
Relies on Younger v. Harris · Dombrowski v. Pfister · Huffman v. Pursue, Ltd. · Moore v. Sims · Mitchum v. Foster
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.
“if the plaintiff establishes that the conduct allegedly retaliated against or sought to be deterred is constitutionally protected and that the state's bringing of the criminal prosecution is motivated at least in part by a purpose to retaliate against or deter that conduct”
6 later decisions quote this exact passage · from the majority“will justify an injunction regardless of whether valid convictions conceivably could be obtained.”
3 later decisions quote this exact passage · from the majority“Schilero.” 3 . Appellants cite a Fifth Circuit case from 1981 for the proposition that even when a prosecution has a chance of success on the merits, a court may still find bad faith in its institution. But the case’s extreme facts sap its persuasive power: the District Court in that case had concluded that the appellees’ prosecution “was brought in bad faith for purposes of harassment” and”
1 later decision quote this exact passage · from the majority
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.