Monaco v. United States’s Empirical Analysis
661 F.2d 129 · 1981
Citation profile
71 federal appellate · 8 district · 1 state decisions
How this case has been cited
Cited by 108 later decisions (1 by the Supreme Court) — most recently May 2015 · most notably United States v. Johnson (1987), Johnson v. United States (1983)
71 federal appellate · 8 district · 1 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. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2674
Relies on Scheuer v. Rhodes · Feres v. United States · Dalehite v. United States · United States v. Orleans · United States v. Muniz
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 108 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Denise’s case differs from Stencel in that she seeks relief for an injury to herself rather than indemnity for losses due to injury to her father, but this does not change the substantive analysis: the court still must examine the, Government’s activity in relation to military personnel on active duty. It is precisely this type of examination the Feres doctrine seeks to avoid.”
7 later decisions quote this exact passage · from the majority“[T]he protection of military discipline ... serves largely if not exclusively as the predicate for the Feres doctrine. Although the [Supreme] Court has woven a tangled web in its discussion of the “distinctly federal” notion and of the alternative compensation system, it has not wavered on the importance of maintaining discipline within the armed forces. The Court has found it unseemly to have military personnel, injured incident to their service, asserting claims that question the propriety of decisions or conduct by fellow members of the military. Only this factor can truly explain the Feres doctrine and the crucial line it draws____”
3 later decisions quote this exact passage · from the majority“not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.”
2 later decisions 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.