Western Reserve Oil & Gas Co. v. New’s Empirical Analysis
765 F.2d 1428 · 1985
Citation profile
67 federal appellate · 13 district · 1 state decisions
How this case has been cited
Cited by 109 later decisions — most recently June 2010 · most notably Usher v. City of Los Angeles (1987), Love v. United States (1989)
67 federal appellate · 13 district · 1 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 26 U.S.C. § 6103 · 26 U.S.C. § 6226 · 26 U.S.C. § 6227 · 26 U.S.C. § 7408 · 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on Board of Regents of State Colleges v. Roth · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Paul v. Davis · Butz v. Economou · Davis v. Passman
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 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“appear[s] to a certainty that the plaintiff would not be entitled to relief under any set of facts that could be proved.”
3 later decisions quote this exact passage · from the majority“Phillips further contends that he was denied a federally cognizable interest because the agents acted “with malice,” and intended “to injure [and] embarrass” him. This contention is also devoid of merit. We have held conduct by an individual acting under color of law which is designed to harass and embarrass does not constitute a denial of a cognizable “liberty” or “property” interest in a claim brought under section 1983. Rutledge v. Arizona Board of Regents, 660 F.2d 1345, 1353 (9th Cir.1981), aff'd sub nom. Kush v. Rutledge, 460 U.S. 719 [ 103 S.Ct. 1483 , 75 L.Ed.2d 413 ] (1983). Rather, such “transgressions constitute nothing more than a tort ‘which the state may protect against ... by virtue of its tort law.’ ” Id. quoting Paul v. Davis, 424 U.S. 693 [ 96 S.Ct. 1155 , 47 L.Ed.2d 405 ] (1976).”
1 later decision quote this exact passage · from the majoritye.g. Felker v. Christine
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.