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Citation profile
11 federal appellate · 11 district · 5 state decisions
How this case has been cited
Cited by 51 later decisions — most recently August 2022 · most notably Anthony Nicini Jr v. Edward Morra (2000), Gerald Tlamka As Special Administrator for the Estate of Frank Tlamka Deceased v. Otha Lee Serrell (2001)
11 federal appellate · 11 district · 5 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
Relies on Harlow v. Fitzgerald · Anderson v. Creighton · Estelle v. Gamble · Joshua Deshaney, a Minor, by His Guardian Ad Litem, and Melody Deshaney,s v. Winnebago County Department of Social Services, et al. · Youngberg v. Romeo Ex Rel. Romeo
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n order to determine whether a right is clearly established, it is not necessary that the Supreme Court has directly addressed the issue, nor does the precise action or omission in question need to have been held unlawful. In the absence of binding precedent, a court should look to all available decisional law, including decisions of state courts, other circuits and district courts.”
4 later decisions quote this exact passage · from the majoritye.g. Burnham v. Ianni · Hill v. McKinley“In foster care, a child loses his freedom and ability to make decisions about his own welfare, and must rely on the state to take care of his needs. It cannot be seriously doubted that the state assumed an obligation to provide adequate medical care for Taureen; the reason Taureen was placed in foster care was precisely because he was not able to take care of himself and needed the supervision and attention of an adult caregiver.”
1 later decision quote this exact passage · from the majority“[i]n the absence of binding precedent, a court should look to all available decisional law, including decisions of state courts, other circuits and district courts.”
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.