Hicks v. Feeney’s Empirical Analysis
770 F.2d 375 · 1985
Citation profile
22 federal appellate · 11 district ·
How this case has been cited
Cited by 52 later decisions — most recently February 2014 · most notably Stoneking v. Bradford Area School District (1989), Brown v. Trench (1986)
22 federal appellate · 11 district ·
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))
Relies on Harlow v. Fitzgerald · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Mitchell v. Forsyth · Parratt v. Taylor · Monroe v. Pape
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... [s]ome but not precise factual correspondence to precedent would be required. ... We expect officials to apply general, well-developed legal principles .... We have established that we have adopted a broad view of what constitutes an established right of which a reasonable person would have known, which requires us to undertake an inquiry into the general legal principles governing analogous factual situations, if any, and a subsequent determination whether the official should have related this established law to the instant situation.”
4 later decisions quote this exact passage · from the majority“[i]f ... the deprivation occurs under color of state law pursuant to state law, custom, or usage, Parratt and Hudson do not apply because the state is able to anticipate the circumstances in which the loss will occur and to provide a meaningful hearing before the deprivation takes place. Parratt, 451 U.S. at 541 , 101 S.Ct. at 1916 ; Hudson [v. Palmer, --- U.S. at ----, 104 S.Ct. 3194, 3203 , 82 L.Ed.2d 393 (1984) ].”
1 later decision quote this exact passage · from the majoritye.g. Berlanti v. Bodman“Qualified immunity from suits for civil damages brought under Sec. 1983 is a common law immunity that balances the need to compensate and to vindicate the rights of victims of constitutional torts with a concern that too broad a liability may cause public officials to refrain unnecessarily from discretionary decisions.”
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.