Tingler v. Marshall’s Empirical Analysis
716 F.2d 1109 · 1983
Citation profile
148 federal appellate · 10 state decisions
How this case has been cited
Cited by 216 later decisions (1 by the Supreme Court) — most recently September 2023 · most notably Thomas v. Arn (1986), McGore v. Wrigglesworth (1997)
148 federal appellate · 10 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. § 1915 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bell v. Wolfish · Franklin v. Oregon · Malone v. Colyer · Wsm, Incorporated v. Tennessee Sales Company, a General Partnership Comprising Bob Beasley and Nathan Davis
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 216 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) allow service of the complaint upon the defendant; (2) notify all parties of its intent to dismiss the complaint; (3) give the plaintiff a chance to either amend his complaint or respond to the reasons stated by the district court in its notice of intended sua sponte dismissal; (4) give the defendant a chance to respond or file an answer or motions; and (5) if the claim is dismissed, state its reasons for the dismissal.”
10 later decisions quote this exact passage · from the majority“a plaintiff generally should be given notice and an opportunity to respond prior to the district court's sua sponte dismissal of the complaint”
1 later decision quote this exact passage · from the majority“[f]rivolity, like obscenity, is often difficult to define,”
1 later decision quote this exact passage · from the majoritye.g. Brooks v. Seiter
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.