Schultz v. Thomas’s Empirical Analysis
832 F.2d 108 · 1987
Citation profile
3 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 Wilmington v. J.I. Case Co. · Webb v. City of Chester · United States v. Buishas · United States v. Dotson · United States v. Gentile
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Obviously, the occurrence upon which Judge Flynn decided the disorderly conduct charge was the same as that placed before the civil rights jury. In determining whether the defendants violated Schultz's civil rights by falsely arresting him and then giving willfully false testimony in order to secure his conviction, the jury was required to observe and listen to many of the same witnesses giving the identical testimony as that which formed the basis for Judge Flynn's disorderly conduct decision. Indeed, the aforequoted excerpts from Judge Flynn's opinion so unavoidably overlapped the jury's role in assessing the credibility of the key witness as to unfairly prejudice the defendants by denying them the right to have a jury decide the facts which formed the claims against them. See Wilmington v. J.I. Case Co., 793 F.2d 909 , 919 (8th Cir.1986) (upholding a district court's refusal to admit the text of an arbitration decision because it would 'either usurp the jury's role in assessing credibility or would be unfairly prejudicial').”
1 later decision quote this exact passagee.g. Fisher v. Krajewski“If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions and inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of his testimony or the determination of a fact in issue.”
1 later decision quote this exact passagee.g. Lombardi v. Graham“[the judge's] testimony was irrelevant and tended to usurp the jury's function in assessing the credibility of testifying witnesses.”
1 later decision quote this exact passagee.g. Fisher v. Krajewski
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.