Sanders v. Kennedy’s Empirical Analysis
794 F.2d 478 · 1986
Citation profile
37 federal appellate ·
How this case has been cited
Cited by 79 later decisions — most recently July 2019 · most notably Hyland v. Wonder (1992), Evans v. Safeco Life Insurance (1990)
37 federal appellate ·
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 Monell v. Department of Social Services of City of New York · Parratt v. Taylor · Daniels v. Williams · Hudson v. Palmer · Pembaur v. City of Cincinnati
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The availability of a state tort remedy does not bar due process claims brought under section 1983 in cases where a plaintiff is challenging an established state procedure.”
3 later decisions quote this exact passage · from the majority“'unless it appears 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“Since Parratt, other circuits have noted the existence of the distinction between a Fourteenth Amendment claim for deprivation of life, liberty or property without due process and a claim based upon a violation of Fourth Amendment rights, and have refused to apply the Parratt analysis to the latter.... Therefore, we conclude that the Parratt analysis is not applicable to a claim, such as the instant excessive use of force claim, brought under the Fourth Amendment.”
1 later decision quote this exact passage · from the majoritye.g. Gallo v. Miller
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.