Russell v. Smith’s Empirical Analysis
68 F.3d 33 · 1995
Citation profile
14 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 91 later decisions — most recently November 2018 · most notably Murphy v. Lynn (1997), Manganiello v. City of New York (2010)
14 federal appellate · 5 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Celotex Corporation v. Catrett H · S.S. Zoe Colocotroni v. Puerto Rico · Singleton v. City of New York · Posr v. Doherty · Rounseville v. Zahl
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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the initiation or continuation of a criminal proceeding against plaintiff; (2) termination of the proceeding in plaintiff's favor; (3) lack of probable cause for commencing the proceeding; and (4) actual malice as a motivation for defendant's actions.”
1 later decision quote this exact passage · from the majority“[a]n acquittal is the most obvious example of a favorable termination.”
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.