858 F. Supp. 607 - Scott v. Greiner’s Empirical Analysis
1994
Citation profile
2 federal appellate · 1 district ·
How this case has been cited
Cited by 19 later decisions — most recently August 2014
2 federal appellate · 1 district ·
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. § 1331 · 28 U.S.C. § 1446 · 28 U.S.C. § 636 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California · Caterpillar Inc. v. Williams · Howlett Ex Rel. Howlett v. Rose · Marshall v. Manville Sales Corp. · 167 W. Va. 21 - Mitchem v. Melton
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For federal question jurisdiction to exist, federal law must be a direct element in plaintiffs claim. It is not enough for the laws to come in remotely and indirectly. The federal question must appear on the face of a well-pleaded complaint. The well-pleaded complaint rule bars invoking federal jurisdiction on the basis of an answer invoking a federal defense. A corollary of the well-pleaded complaint rule states that a party who brings a suit is master of his claim and as such may determine to forego a federal claim and restrict his suit to state court on a state created claim. If the plaintiff so decides, his case generally cannot be removed.”
2 later decisions quote this exact passage“‘West Virginia, and indeed all other states, have permitted maintenance of § 1983 claims in state courts. Thus, the state courts clearly have concurrent jurisdiction over § 1988 claims. Howlett v. Rose, 496 U.S. 356, 378, n. 20 , 110 S.Ct. 2430, 2444, n. 20 , 110 L.Ed.2d 332, n. 20 (1990) (“Virtually every state has expressly or by implication opened its courts to § 1983 cases.”); Harrah v. Leverette, 165 W.Va. 665, 682 , 271 S.E.2d 322, 332 (1980) (“It is ... clear that 42 U.S.C. § 1983 actions may be pursued in our state courts.”). See Syllabus Point 2, Mitchem v. Melton, 167 W.Va. 21 , 277 S.E.2d 895 (1981) (“An action based on 42 U.S.C. § 1983 can be maintained in our State courts to challenge prison conditions.”).” Scott v. Greiner, 858 F.Supp. 607, 608 (S.D.W.Va.1994).”
1 later decision quote this exact passage
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.