Lavicky v. Burnett’s Empirical Analysis
758 F.2d 468 · 1985
Citation profile
46 federal appellate · 10 district · 4 state decisions
How this case has been cited
Cited by 75 later decisions — most recently September 2023 · most notably Melton v. City of Oklahoma City (1989), No. 90-6051 (1991)
46 federal appellate · 10 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. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985
Relies on Harlow v. Fitzgerald · Chimel v. California · Coolidge v. New Hampshire · Parratt v. Taylor · Allen v. McCurry
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“there was no evidence of malice, wantonness or oppressiveness to justify punitive damages”
2 later decisions quote this exact passage · from the majority“[o]fficials cannot be held for punitive damages simply because they did not know the rules of conduct they should follow. Simple ignorance of the applicable legal rules, even arrogant ignorance, does not by itself indicate reckless or callous indifference to federally protected rights.”
1 later decision quote this exact passage · from the majority“Whether an individual employee himself is able to foresee a deprivation is simply of no consequence. The controlling inquiry is solely whether the State is in a position to provide for predeprivation process.”
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.