Jaco v. Bloechle’s Empirical Analysis
739 F.2d 239 · 1984
Citation profile
36 federal appellate · 10 district · 3 state decisions
How this case has been cited
Cited by 116 later decisions — most recently April 2023 · most notably Karim-Panahi v. Los Angeles Police Department (1988), Gutierrez v. Lynch (1987)
36 federal appellate · 10 district · 3 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. § 1985 · 42 U.S.C. § 1988
Relies on Griffin v. Breckenridge · Moor v. County of Alameda · Robertson v. Wegmann · Taylor v. Brighton Corp.
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 116 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“hostile to the Constitution and laws of the United States.”
4 later decisions quote this exact passage · from the majority“It is perhaps appropriate at this juncture to distinguish between survival actions and wrongful death actions. It is conceded by most courts that they are distinct causes of action. A survival claim is predicated upon the decedent’s claim for damages sustained during his lifetime. On the other hand, a wrongful death action creates a new and separate claim or cause of action for the damages sustained by the decedent’s estate as a result of his death. The distinction as it arises in conjunction with alleged § 1983 violations is apparent. The § 1983 cause of action, by virtue of the explicit language of the section itself, is a personal action cognizable only by the party whose civil rights had been violated; while, on the other hand, the wrongful death action is a cause of action that inures to the benefit of decedent’s estate, as a result of, not the personal injury suffered by the decedent, but rather, injuries to his estate cause by his wrongful death.... Patently, Ohio’s wrongful death statute creates a cause of action in tort in favor of the decedent’s heirs for damages resulted from losses of prospective advantages which have been pretermitted by the wrongful death of the victim. Certainly, in a sense, the heirs are injured parties as a result of decedent’s premature demise[;] however, to arbitrarily conclude that their injuries resulted from an infringement of their civil rights would be sheer obfuscation of the issue. Simply stated, the wrongful death of the decedent re”
3 later decisions quote this exact passage · from the majority“causes to be subjected ... any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.”
3 later decisions 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.