Thomas v. Evans’s Empirical Analysis
880 F.2d 1235 · 1989
Citation profile
21 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 57 later decisions — most recently May 2016 · most notably Pelletier v. Zweifel (1991), Farrow v. West (2003)
21 federal appellate · 2 district · 1 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. § 636
Relies on Estelle v. Gamble · Haines v. Kerner · Migra v. Warren City School District Board of Education · Johnson v. Avery · Zaldivar v. City of Los Angeles
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]o state a First Amendment claim for retaliation, a prisoner need not allege violation of a separate and distinct constitutional right. . . . The gist of a retaliation claim is that a prisoner is penalized for exercising the right of free speech.”
3 later decisions quote this exact passage · from the majority“(1) a court of competent jurisdiction issues a final judgment on the merits; (2) the parties, or those in privity with them, are identical; and (3) the same cause of action or claims are involved.”
3 later decisions quote this exact passage · from the majority“An attorney or a party may be sanctioned under Rule 11 for filing a pleading that: (1) has no reasonable legal basis; (2) has no reasonable factual basis; or, (3) is filed for an improper purpose. See, United States v. Milam, 855 F.2d 739, 742 (11th Cir.1988). The purpose of Rule 11 is to “discourage dilatory or abusive tactics and help to streamline the litigation process by lessening frivolous claims or defenses.” Rule 11, Fed.R.Civ.P., advisory committee note. The Thomas court then continued, noting: Rule 11 sanctions are appropriate if the filing was unreasonable under the circumstances existing at the time of filing. See, Donaldson v. Clark, supra, 819 F.2d [1551] at 1556 [11th Cir.1987]. Rule 11 sanctions are not appropriate, however, merely because the pleader’s view of the law is incorrect. Rule 11 contemplates “some prefiling inquiry into both the facts and law,” but “is not intended to chill an attorney’s enthusiasm or creativity in pursuing factual or legal theories.” Rule 11, Fed.R.Civ. P., advisory committee note. See also, Zaldivar v. City of Los Angeles, supra, 780 F.2d [823] at 830 [9th Cir.1986] (granting summary judgment against the pleader is not dispositive of the issue of sanctions because the pleader is not required to be correct in his view of the law).”
2 later decisions 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.