Pena v. Gardner’s Empirical Analysis
976 F.2d 469 · 1992
Citation profile
38 federal appellate · 6 district ·
How this case has been cited
Cited by 128 later decisions — most recently July 2018 · most notably Rand v. Rowland (1998), Bly-Magee v. California (2001)
38 federal appellate · 6 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Conley v. Gibson · Scheuer v. Rhodes · Estelle v. Gamble · Ex Parte: Edward T Young · Edelman v. Jordan
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 128 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) there was a full and fair opportunity to litigate the issue in the previous action; (2) the issue was actually litigated in that action; (3) the issue was lost as a result of a final judgment in that action; and (4) the person against whom collateral estoppel is asserted in the present action was a party or in privity with a party in the previous action.”
4 later decisions quote this exact passage · from the majority“We recognize that the performance of official duties creates two potential liabilities, individual-capacity liability for the person and official-capacity liability for the [state]. Suits brought against a state official in his official capacity generally represent only another way of pleading an action against an entity of which an officer is an agent.... Personal-capacity suits, on the other hand, seek to impose individual liability upon a government officer for actions taken under color of state law. In the former case of liability, the Supreme Court has held that the Eleventh Amendment bars state law claims against state officials for injunctive or monetary relief. However, it is well established in this circuit that a suit against a state officer in his or her individual capacity for money damages is not a suit against the state for purposes of Eleventh Amendment immunity.”
1 later decision quote this exact passage · from the majority“In Pennhurst II, the Supreme Court held that the eleventh amendment bars suits in federal court ... brought against state officials acting in their official capacities alleging a violation of state law. [citation]. The Court distinguished the situation where a plaintiff brings a suit against a state official acting in his individual capacity.”
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.