Public-domain · open source
OpenJurist
← 765 F.2d 1428 - Western Reserve Oil & Gas Co. v. New

Western Reserve Oil & Gas Co. v. New’s Empirical Analysis

765 F.2d 1428 · 1985

Citation profile

109
cited by 109 later decisions
1
states following
June 2010
most recently cited

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

6201985199020002010decided

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.

  1. “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
  2. “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 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.