Public-domain · open source
OpenJurist
← 862 F.2d 1352 - Blaylock v. Schwinden

Blaylock v. Schwinden’s Empirical Analysis

862 F.2d 1352 · 1988

Citation profile

52
cited by 52 later decisions
3
cited 3 times by the Supreme Court
1
states following
September 2018
most recently cited

32 federal appellate · 7 district · 1 state decisions

How this case has been cited

Cited by 52 later decisions (3 by the Supreme Court) — most recently September 2018 · most notably Regents of University of California v. Doe (1997), Port Authority Trans-Hudson Corp. v. Feeney (1990)

32 federal appellate · 7 district · 1 state decisions

3401988199020002010decided

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 Scheuer v. Rhodes · Edelman v. Jordan · Parratt v. Taylor · Daniels v. Williams · Papasan v. Allain

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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Substantive due process refers to certain actions that the government may not engage in, no matter how many procedural safeguards it employs.”
    4 later decisions quote this exact passage · from the majority
  2. “[T]he purpose of the Eleventh Amendment is only to protect the state against involuntary liability. If the State chooses to pick up the tab for its errant officers, its liability for their torts is voluntary. . . . Moreover, it would be absurd if all a state had to do to put its employees beyond the reach of section 1983 and thereby make the statute ineffectual except against employees of local governments . . . was to promise to indemnify state employees for any damages awarded in such a suit”
    1 later decision quote this exact passage · from the majority
  3. “The eleventh amendment prohibits a district court from ordering payment of a judgment from the state treasury. The court may properly order the officials to pay damages under § 1983, but if the officials desire indemnification under the state statute, they must bring their own action in state court”
    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.