McFadden v. Sanchez’s Empirical Analysis
710 F.2d 907 · 1983
Citation profile
13 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 51 later decisions — most recently July 2018 · most notably Bell v. City of Milwaukee (1984), Hale v. Firestone Tire & Rubber Co. (1985)
13 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. § 1982 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on New York Times Co. v. Sullivan · Smith v. Wade · Carlson v. Green · Coastal Steel Corp. v. Wheelabrator-Frye, Inc. · Sullivan v. Little Hunting Park, Inc.
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e have no doubt that limitations in a state survival statute have no application to a section 1983 suit brought to redress a denial of rights that caused the decedent’s death.... To whatever extent section 1988 makes state law applicable to section 1983 actions, it does not require deference to a survival statute that would bar or limit the remedies available under section 1983 for unconstitutional conduct that causes death.”
4 later decisions quote this exact passage · from the majority“... the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of said civil or criminal case is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the clause____”
1 later decision quote this exact passage · from the majority“punitive damages are available under Section 1988 to advance the statute’s purpose of securing the protection of constitutional rights. An award of punitive damages punishes a defendant who has acted intentionally or recklessly to deny a plaintiff his protected rights, and helps secure rights for others by deterring future violations.”
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.