McCurry v. Tesch’s Empirical Analysis
738 F.2d 271 · 1984
Citation profile
5 federal appellate · 2 district ·
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Younger v. Harris · District of Columbia Court of Appeals v. Feldman · Imbler v. Pachtman · Ohio Bureau of Employment Services v. Hodory
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Shortly after 6:00 in the morning of October 18, 1982, the sheriff arrived at the church with fifteen carloads of deputies and state troopers. About 85 persons, including the plaintiffs here, were conducting a “prayer vigil,” singing, preaching, reading the Bible, praying, and so forth, to protest the jailing of Mr. Sileven [pastor of the church] and the closing of the school. No school children were present, and no classes were being held. When the worshippers refused to leave, the law-enforcement officers picked them up, carried them out of the church, and padlocked the building.”
1 later decision quote this exact passage · from the majoritye.g. McCurry v. Tesch““ ‘[0]ne is not to have the exercise of his liberty of expression in appropriate places abridged on the plea that it may be exercised in some other place.’ ” Schad v. Borough of Mount Ephraim, 452 U.S. 61, 76-77 , 101 S.Ct. 2176, 2186-2187 , 68 L.Ed.2d 671 (1981) (quoting Schneider v. State, 308 U.S. 147, 163 , 60 S.Ct. 146, 151 , 84 L.Ed. 155 (1939)). This principle applies with particular force to places, such as church buildings, which have a special spiritual significance to the persons who wish to worship there.”
1 later decision quote this exact passage · from the majority“shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
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.