Fishman v. Clancy’s Empirical Analysis
763 F.2d 485 · 1985
Citation profile
36 federal appellate · 10 district · 3 state decisions
How this case has been cited
Cited by 64 later decisions — most recently March 2018 · most notably Gutierrez-Rodriguez v. Cartagena (1989), Wagenmann v. Adams (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
Relies on Hensley v. Eckerhart · Mt. Healthy City School District Board of Education v. Doyle · Smith v. Wade · Stepanischen v. Merchants Despatch Transportation Corp. · Israel Alicea Rosado v. Ramon Garcia Santiago
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“failed to create a record of their financial capabilities”
2 later decisions quote this exact passage · from the majority“Defendants seem to suggest that retaliatory dismissals for exercise of First Amendment rights would rarely, if ever, justify punitive damages. We think this attitude belittles the First Amendment. It is more appropriate to consider whether defendants' conduct amounted to an outrageous violation of First Amendment rights than to consider whether it was outrageous when compared with the actions of a police officer who brutally beat and illegally arrested a man.”
1 later decision quote this exact passage · from the majority“[T]he decided cases and sound principle require that a defendant carry the burden of showing his modest means [by] facts peculiarly within his power if he wants this considered in mitigation of damages.”
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.