Fitzgerald v. McDaniel’s Empirical Analysis
833 F.2d 1516 · 1987
Citation profile
5 federal appellate · 2 district · 6 state decisions
How this case has been cited
Cited by 30 later decisions — most recently November 2014 · most notably Barts v. Joyner (1989), Quezada Estate of v. County of Bernalillo (1991)
5 federal appellate · 2 district · 6 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))
Relies on Kentucky v. Graham · Lundgren v. McDaniel · Gamble v. Florida Department of Health & Rehabilitative Services · Lindsey v. American Cast Iron Pipe Co.
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... that it would serve no useful purpose to dismiss the complaint, for such a dismissal clearly must be without prejudice and with leave to amend.”
2 later decisions quote this exact passage · from the majority“The purpose of section 768.28(6) is to provide the state and its agencies with sufficient notice of claims filed against them It is clear that on these facts, both Sheriff McDaniel and the Department of Insurance had ample time to respond to Fitzgerald's claim. Although Fitzgerald failed to wait six months to file this action, more than six months elapsed before the district court finally disposed of the issue. Since Sheriff McDaniel was duly notified of Fitzgerald's claims and had time to respond, the purpose underlying section 768.28(6) was adequately served.”
1 later decision quote this exact passage · from the majority“(a) ... The failure of the Department of Insurance or the appropriate agency to make final disposition of a claim within 6 months after it is filed shall be deemed a final denial of the claim for purposes of this section.... (b) For purposes of this section, the requirements of notice to the agency and denial of the claim are conditions precedent to maintaining an action....”
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.