Beard v. M O'Neal’s Empirical Analysis
728 F.2d 894 · 1984
Citation profile
53 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 85 later decisions — most recently September 2018 · most notably Bell v. City of Milwaukee (1984), Archie v. City of Racine (1988)
53 federal appellate · 4 district · 2 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 18 U.S.C. § 241 (Church Arson Prevention Act of 1996) · 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 5 U.S.C. § 702
Relies on Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · Board of Regents of State Colleges v. Roth · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Johnson v. Zerbst
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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]here is no constitutional right to be protected by the state against [crimes committed] by criminals or madmen. It is monstrous if the state fails to protect its residents against such predators but it does not violate the due process clause of the Fourteenth Amendment or, we suppose, any other provision of the Constitution. The Constitution is a charter of negative liberties; it tells the state to let people alone; it does not require the federal government or the state to provide services, even so elementary a service as maintaining law and order.”
2 later decisions quote this exact passage · from the majority“Where the issues in separate suits are the same, the fact that the parties are not precisely identical is not necessarily fatal.... There is privity between officers of the same government so that a judgment in a suit between a party and a representative of the United States is res judicata in relitigation of the same issue between that party and another officer of the government.”
2 later decisions quote this exact passage · from the majority“This case is unlike a situation where a uniformed police officer, who is in a position to prevent violence, observes a murder without intervening in any way. . . . Indeed, the officer's presence and authority might facilitate the murder by providing the symbolic support of the government. In such a case, the officer might be personally liable for the acts of the person who operated the murder weapon.”
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.