Duncan v. Peck’s Empirical Analysis
844 F.2d 1261 · 1988
Citation profile
33 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 62 later decisions (1 by the Supreme Court) — most recently November 2020 · most notably Wyatt v. Cole (1992), Jordan
33 federal appellate · 3 district · 3 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 Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · Scheuer v. Rhodes · Lugar v. Edmondson Oil Co. · City of Newport v. Fact Concerts, Inc.
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“private parties were [not] immune from suit at common law, and because the various rationales for good faith immunity are inapplicable to private parties....”
3 later decisions quote this exact passage · from the majority“'invested with [and ha[d] accepted] the responsibilities of a public official in the public interest.'”
3 later decisions quote this exact passage · from the majority“prior to the passage of section 1983, ... the common law required that the plaintiff must prove that the 'attachment was sued out wrongfully, maliciously, and without probable cause,' ... before a defendant could be held liable for the torts of malicious prosecution or wrongful attachment.”
2 later decisions quote this exact passage · from the majoritye.g. Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc. v. Fox, Rothschild, O'Brien & Frankel, Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc., on Their Own Behalf and on Behalf of All Others Similarly Situated v. Arnold T. Berman Myron J. Berman John J. Petit, Jr., Prothonotary of the Court of Common Pleas of Philadelphia County, Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc., at No. 92-1424, Arnold T. Berman and Myron J. Berman, at No. 92-1456 · Jordan
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.