Kirk v. Smith’s Empirical Analysis
1987
Citation profile
2 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 9 later decisions — most recently August 2009
2 federal appellate · 1 district · 4 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Celotex Corporation v. Catrett H · Erie Co v. Tompkins · Rugg v. McCarty · 40 Colo. App. 454 - Meiter v. Cavanaugh · Kandt v. Evans
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“But it is for the court to determine in the first instance, whether reasonable men could differ on the outrageousness issue.”
2 later decisions quote this exact passage · from the majority“`beyond all possible bounds of decency, and [is] regarded as atrocious, and utterly intolerable in a civilized community.'”
2 later decisions quote this exact passage · from the majority“The question of whether certain conduct is sufficiently outrageous is ordinarily a question for the jury.”
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.