Estate of Gilmore v. Buckley’s Empirical Analysis
787 F.2d 714 · 1986
Citation profile
43 federal appellate · 13 district · 11 state decisions
How this case has been cited
Cited by 85 later decisions (1 by the Supreme Court) — most recently June 2014 · most notably Joshua Deshaney, a Minor, by His Guardian Ad Litem, and Melody Deshaney,s v. Winnebago County Department of Social Services, et al. (1989), Archie v. City of Racine (1988)
43 federal appellate · 13 district · 11 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))
Relies on Board of Regents of State Colleges v. Roth · Estelle v. Gamble · Parratt v. Taylor · Daniels v. Williams · Paul v. Davis
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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For there to be a special relationship implicating the fourteenth amendment, we believe the state must be more directly implicated than it is here in the events causing the victim’s death — as perhaps (although we need not decide) when the state, by exercising custody or control over the plaintiff, effectively strips her of her capacity to defend herself, or affirmatively places her in a position of danger that she would not otherwise have been in.”
4 later decisions quote this exact passage“[N]or shall any State deprive any person of life, liberty, or property, without due process of law....”
4 later decisions quote this exact passage · from the dissente.g. Souza v. Pina · Hartman v. Bachert“... [Tjhere is no constitutional right to be protected by the state against being murdered by criminals or madmen. It is monstrous if the state fails to protect its residents against such predators but it does not violate the due process clause of the Fourteenth Amendment or, we suppose, any other provision of the Constitution. The Constitution is a charter of negative liberties; it tells the state to let people alone; it does not require the federal government or the state to provide services, even so elementary a service as maintaining law and order.”
3 later decisions quote this exact passage
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.