Bennis v. Gable’s Empirical Analysis
823 F.2d 723 · 1987
Citation profile
88 federal appellate · 14 district · 5 state decisions
How this case has been cited
Cited by 181 later decisions — most recently June 2017 · most notably Rode v. Dellarciprete (1988), Woodson v. Scott Paper Co. (1997)
88 federal appellate · 14 district · 5 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)) · 42 U.S.C. § 1988
Relies on Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · Mitchell v. Forsyth · Mt. Healthy City School District Board of Education v. Doyle · Pickering v. Board of Education of Township High School District 205 Will County Illinois
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 181 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'only if the instruction was capable of confusing and thereby misleading the jury.'”
9 later decisions quote this exact passage · from the majority“but in the imposition of any disciplinary action for the exercise of permissible free speech”
4 later decisions quote this exact passage · from the majority“as of 1982 the law was 'clearly established' that a public employee could not be demoted in retaliation for exercising his rights under the first amendment,”
3 later decisions quote this exact passage · from the concurrence
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.