71 N.C. App. 366 - Miller v. Henderson’s Empirical Analysis
1984
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently November 2007
16 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)) · 42 U.S.C. § 1988
Relies on Christiansburg Garment Co. v. Equal Employment Opportunity Commission · Sutton v. Duke · Waters v. Qualified Personnel, Inc. · Bernick v. Jurden · Smith v. Ford Motor Co.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is clear prevailing defendants as well as plaintiffs are entitled to an award of fees under § 1988. In order to be entitled to attorney’s fees, however, a defendant must show that the action brought against him was “frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so.” The defendant does not have to show the action was brought in subjective bad faith. (Citations omitted.)”
1 later decision quote this exact passage
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.