Soderbeck v. Burnett County’s Empirical Analysis
821 F.2d 446 · 1987
Citation profile
15 federal appellate · 1 district · 2 state decisions
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 · Smith v. Phillips · Brandon v. Holt · White v. Murtha · Soderbeck v. Burnett County
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he Wisconsin Supreme Court has determined that the sheriff "represents the sovereignty of the State" and is "accountable only to the sovereign. . . ." Although we might question the Wisconsin Supreme Court's classification of the county sheriff as an officer of the state, that court's determination based as it is on an interpretation of the Wisconsin Constitution is not subject to revision by . . . [others than the Wisconsin Supreme Court].”
2 later decisions quote this exact passage · from the majority“Since we expressly remanded this case for a consideration of whether the Burnett County Law Enforcement Committee was hable to Soderbeck the district court did not err in refusing to allow Soderbeck to introduce evidence of Sheriff Kellberg’s status as a county policy-maker and in refusing to grant Soderbeck’s motion for summary judgment. If the district court had allowed Soderbeck to introduce evidence of Kellberg’s status as a county policy-maker, the trial court’s decision would have violated the doctrine of the law of the case since it would have allowed the court to consider a matter that had already been decided by this court.”
1 later decision quote this exact passage · from the majority““The ‘law of the case’ rule is based on the salutary and sound public policy that litigation should come to an end, it is predicated on the premise that ‘there would be no end to a suit if every obstinate litigant could, by repeated appeals, compel a court to listen to criticisms on their opinions or speculative chances from changes in its members,’ and that it would be impossible for an appellate court to perform its duties satisfactorily and efficiently and expeditiously ‘if a question, once considered and decided by it were to be litigated anew in the same case upon any and every subsequent appeal’ thereof.””
1 later decision quote this exact passage · from the majoritye.g. Walsh v. Mellas
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.