Musso v. Hourigan’s Empirical Analysis
836 F.2d 736 · 1988
Citation profile
63 federal appellate · 6 district · 6 state decisions
How this case has been cited
Cited by 122 later decisions (1 by the Supreme Court) — most recently April 2024 · most notably Behrens v. Pelletier (1996), Pueblo Neighborhood Health Centers, Inc. v. Losavio (1988)
63 federal appellate · 6 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 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Cohen v. Beneficial Industrial Loan Corp. · Mitchell v. Forsyth · Rizzo v. Goode · Police Department of Chicago v. Mosley
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 122 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As a general rule, a government official is not liable for failing to prevent another from violating a person's constitutional rights, unless the official is charged with an affirmative duty to act.”
3 later decisions quote this exact passage · from the concurrence“conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
2 later decisions quote this exact passage · from the majority“Harlow does not require us ... to ignore the fact that intent is an element of the relevant cause of action.”
2 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.