Albino v. Baca’s Empirical Analysis
697 F.3d 1023 · 2012
Citation profile
3 federal appellate · 2 district ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1350 (Torture Victim Protection Act of 1991) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E
Relies on Jones v. Bock · Woodford v. Ngo · Gross v. FBL Financial Services, Inc. · V. C O Churner · Correction Officer Porters v. Ronald Nussle
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The legislature’s intended operation of the exhaustion provision [of the TVPA] is set forth with remarkable clarity in the Senate Report: ... [T]he interpretation of [the exhaustion provision of the TVPA] should be informed by general principles of international law. The procedural practice of international human rights tribunals generally holds that the respondent has the burden of raising the nonexhaustion of remedies as an affirmative defense and must show that domestic remedies exist that the claimant did not use. Once the defendant makes a showing of remedies abroad which have not been exhausted, the burden shifts to the plaintiff to rebut by showing that the local remedies were ineffective, unobtainable, unduly prolonged, inadequate, or obviously futile. S. Rep. No. 249 at 9-10.”
1 later decision quote this exact passage · from the dissente.g. Albino v. Baca
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.