Hicks v. State’s Empirical Analysis
1976
Citation profile
4 federal appellate · 8 district · 207 state decisions
How this case has been cited
Cited by 223 later decisions — most recently October 2024 · most notably Scott v. Rizzo (1981), Brown v. Wichita State University (1976)
4 federal appellate · 8 district · 207 state decisions — followed in 18 states
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
Relies on Linkletter v. Walker · 55 Cal. 2d 211 - Muskopf v. Corning Hospital District · Ayala v. Philadelphia Board of Public Education · 18 Ill. 2d 11 - Molitor v. Kaneland Community Unit District No. 302 · Niederman v. Brodsky
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 223 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Governmental immunity can no longer be justified on `an amorphous mass of cumbrous language about sovereignty ...' Le Flar and Kantrowitz, Tort Liability of the States, 29 N.Y.U.L.Rev. 1363, 1364 (1954). As one court has stated: "`"... it is almost incredible that in this modern age of comparative sociological enlightenment, and in a republic, the medieval absolutism supposed to be implicit in the maxim, `the King can do no wrong,' should exempt the various branches of the government from liability for their torts, and that the entire burden of damage resulting from the wrongful acts of the government should be imposed upon the single individual who suffers the injury, rather than distributed among the entire community constituting the government, where it could be borne without hardship upon any individual, and where it justly belongs." Barker v. City of Santa Fe, 47 N.M. 85 , 136 P.2d 480, 482 . Likewise, we agree with the Supreme Court of Florida that in preserving the sovereign immunity theory, courts have overlooked the fact that the Revolutionary War was fought to abolish that "divine right of Kings" on which the theory is based."'"”
7 later decisions quote this exact passage“"... The argument has been presented that the elimination of sovereign immunity will result in an intolerable financial burden upon the State. We believe it is safe to say that adequate insurance can be secured to eliminate that possible burden in a satisfactory manner. In addition, it would appear that placing the financial burden upon the State, which is able to distribute its losses throughout the populace, is more just and equitable than forcing the individual who is injured to bear the entire burden alone...."”
3 later decisions quote this exact passage“[c]ommon law sovereign immunity may no longer be interposed as a defense by the [s]tate, or any of its political subdivisions, in tort actions”
3 later decisions 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.