Smith v. United States’s Empirical Analysis
823 F.2d 532 · 1987
Citation profile
3 federal appellate ·
How this case has been cited
Cited by 9 later decisions — most recently August 2015
3 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 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 1361 · 28 U.S.C. § 1406 · 28 U.S.C. § 1491 · 5 U.S.C. § 5596
Relies on United States v. Testan · United States v. Connolly · United States v. Fausto · Hondros v. United States Civil Service Commission · Spagnola v. Stockman
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Claims Court [stated] that [United States v. Testan, 424 U.S. 392 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976)] referred to “situations in which the corrective action is of a retroactive nature, namely, restoration to the position held at the time of the wrongful adverse action in issue. Only in such situations can the Back Pay Act be interpreted to provide monetary relief.... [B]ack pay can be awarded for ‘an unjustified or unwarranted personnel action that has resulted in the withdrawal or reduction of all or a part of the pay ... of the employee’ from the position from which the employee was discharged.’ ” (Emphasis added.) This interpretation is required by the rule recited in Testan that a “federal employee is entitled to receive only the salary of the position to which he was appointed....” 424 U.S. at 406 , 96 S.Ct. 948 .”
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.