Erwin v. Daley’s Empirical Analysis
92 F.3d 521 · 1996
Citation profile
25 federal appellate ·
How this case has been cited
Cited by 54 later decisions — most recently June 2010 · most notably Levenstein v. Salafsky (1998), Gustafson v. Jones (1997)
25 federal appellate ·
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 Conley v. Gibson · Harlow v. Fitzgerald · Scheuer v. Rhodes · Anderson v. Creighton · Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The inquiry focuses on the objective legal reasonableness of the action, not the state of mind or good faith of the officials in question.”
4 later decisions quote this exact passage · from the majority“liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
3 later decisions quote this exact passage · from the majority“Finally, we wish to dispel the notion that strict scrutiny is “strict in theory, but fatal in fact.” Fullilove [v. Klutznick], supra, [ 448 U.S. 448 ] at 519, 100 S.Ct., [2758] at 2795 [ 65 L.Ed.2d 902 (1980)] (Marshall, J., concurring in judgment). The unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in this countiy is an unfortunate reality, and government is not disqualified from acting in response to it. As recently as 1987, for example, every Justice of this Court agreed that the Alabama Department of Public Safety’s “pervasive, systematic, and obstinate discriminatory conduct” justified a narrowly tailored race-based remedy. See United States v. Paradise, 480 U.S., [149] at 167, 107 S.Ct., [1053] at 1064 [ 94 L.Ed.2d 203 (1987)] (plurality opinion of BRENNAN, J.) id., at 190, 107 S.Ct., at 1076 (STEVENS, J., concurring in judgment); id., at 196, 107 S.Ct., at 1079-1080 (O’CONNOR, J., dissenting). When race-based action is necessary to further a compelling interest, such action is within constitutional constraints if it satisfies the “narrow tailoring” test this Court has set out in previous eases.”
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.