Howerton v. Gabica’s Empirical Analysis
708 F.2d 380 · 1983
Citation profile
106 federal appellate · 14 district · 5 state decisions
How this case has been cited
Cited by 177 later decisions (1 by the Supreme Court) — most recently August 2024 · most notably Wyatt v. Cole (1992), Rossignol v. Voorhaar (2003)
106 federal appellate · 14 district · 5 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. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Adickes v. S. H. Kress & Co. · Fuentes v. Shevin · Lugar v. Edmondson Oil Co. · Jackson v. Metropolitan Edison Co. · Burton v. Wilmington Parking Authority
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 177 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]here is no specific formula for defining state action”
5 later decisions quote this exact passage · from the concurrence“[Tjhere may be a deprivation within the meaning of § 1983 not only when there has been an actual “taking” of property by a police officer, but also when the officer assists in effectuating a repossession over the objection of a debtor or so intimidates a debtor as to cause him to refrain from exercising his legal right to resist a repossession. While mere acquiescence by the police to “stand by in case of trouble” is insufficient to convert a repossession into state action, police intervention and aid in the repossession does constitute state action. Harris’ deposition raises factual questions which preclude summary judgment on this issue.”
4 later decisions quote this exact passage · from the concurrence“there is no good faith immunity under section 1983 for private parties who act under color of state law to deprive an individual of his or her constitutional rights”
4 later decisions quote this exact passage · from the concurrence
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.