Phillips v. United States’s Empirical Analysis
956 F.2d 1071 · 1992
Citation profile
16 federal appellate · 3 district ·
How this case has been cited
Cited by 35 later decisions — most recently August 2020 · most notably Autery ex rel. Estate of Autery v. United States (1993), Irving v. United States (1998)
16 federal appellate · 3 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. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2671 · 28 U.S.C. § 2680
Relies on Bonner v. City of Prichard · United States v. Gaubert · Berkovitz v. United States · United States v. S.A. Empresa De Viacao Aerea Rio Grandense · O’Callahan v. Parker, Warden
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Because resources are limited, it is axiomatic that discretion must be used in allocating available resources.... Nevertheless, this does not mean that a federal employee’s every choice is a policy judgment shielded from liability through the operation of the discretionary function exception.””
1 later decision quote this exact passage“the government cannot expect Army Corps inspectors to make policy judgments concerning whether or not they should abide by the directives in the Corps's Safety Manual every day they go to work.”
1 later decision quote this exact passage“Where there exists a mandatory responsibility, there is no room for a policy choice.”
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.