green
Positive treatment
18.6 score
Treatment trajectory · 1964 → 2026 · click a year to view as-of
1964
1995
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
cited
Cited as authority (rule)
Ellis Refinance Portfolio, LLC v. NewRez, LLC
Cooper v. Pate, 378 U.S. 546, 546 (1964). family residential properties owned by Ellis and located in the State of Georgia.
cited
Cited as authority (rule)
Long v. Noland, Jr.
Cf. Cooper v. Pate, 378 U.S. 546, 546 (1964) (per curiam) (concluding that complaint stated a claim where prisoner alleged that he was denied permission to purchase certain religious publications).
cited
Cited as authority (rule)
Long v. Noland, Jr.
Cf. Cooper v. Pate, 378 U.S. 546, 546 (1964) (per curiam) (concluding that complaint stated a claim where prisoner alleged that he was denied permission to purchase certain religious publications).
cited
Cited as authority (rule)
Pleasant-Bey v. Luttrell
See Cruz v. Beto, 405 U.S. 319, 322 (1972); Cooper v. Pate, 378 U.S. 546, 546 (1964).
cited
Cited as authority (rule)
Conwed Corp. v. Employers Reinsurance Corp.
Cooper v. Pate, 378 U.S. 546, 546, 84 S.Ct. 1733, 1733 , 12 L.Ed.2d 1030 (1964) (per curiam).
cited
Cited as authority (rule)
Ronald Gibson v. United States
Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 *1394 (1964).
examined
Cited "see"
Paddock Enterprises, LLC v. United States
(3×)
See Cooper v. Pate, 378 U.S. 546, 546 , 84 S. Ct. 1733 , 12 L.
examined
Cited "see"
Glaser v. Smith
(3×)
See Cooper v. Pate, 378 U.S. 546, 546 , 84 S. Ct. 1733 , 12 L.
discussed
Cited "see"
Rutherford v. Westchester County
See Cooper v. Pate, 378 U.S. 546, 546 (1964) (per curiam) (holding that a prisoner who alleged that “solely because of his religious beliefs he was denied permission to purchase certain religious publications and denied other privileges enjoyed by other prisoners” stated a claim); see also Phillips v. Girdich, 408 F.3d 124, 130 (2d Cir. 2005) (holding, with respect to allegations of disparate treatment of certain inmates on account of their race, “we cannot imagine a legitimate penological reason for the conduct alleged”).
examined
Cited "see"
Nichols v. FREDERICK J. HANNA & ASSOCIATES, PC
(3×)
See Cooper v. Pate, 378 U.S. 546, 546 , 84 S.Ct. 1733, 1734 , 12 L.Ed.2d 1030 (1964).
examined
Cited "see"
Anthony v. American General Financial Services, Inc.
(4×)
See Cooper v. Pate, 378 U. S. 546, 546 (84 SC 1733, 12 LE2d 1030) (1964).
examined
Cited "see"
Collin v. Securi International
(3×)
See Cooper v. Pate, 378 U.S. 546, 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964); Kaluczky v. City of White Plains, 57 F.3d 202, 206 (2d Cir.1995).
examined
Cited "see"
Manliguez v. Joseph
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964); Kaluczky v. City of White Plains, 57 F.3d 202, 206 (2d Cir.1995).
examined
Cited "see"
Club Haven Investment Co. v. Capital Co. of America, LLC
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 , (1964).
examined
Cited "see"
Bass v. World Wrestling Federation Entertainment, Inc.
(3×)
See Cooper v. Pate, 378 U.S. 546, 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964); Kaluczky v. City of White Plains, 57 F.3d 202, 206 (2d Cir.1995).
examined
Cited "see"
Botz v. Omni Air International
(3×)
See Cooper v. Pate, 378 U.S. 546, 548 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964) (per curiam).
examined
Cited "see"
Robert O. Gilmore, Jr., and Inmates of San Quentin State Prison, United States of America, Intervenor v. People of the State of California
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964) (reversing dismissal of § 1983 claim challenging discrimination on the basis of prisoner’s religious beliefs).
examined
Cited "see"
United States v. Portrait of Wally
(3×)
See Cooper v. Pate, 378 U.S. 546, 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964) {per curiam).
examined
Cited "see"
Sutton v. Stewart
(5×)
See Cooper, 378 U.S. at 546, 84 S.Ct. 1733 (holding that inmate stated a cause of action when “alleging that solely because of his religious beliefs he was denied ... privileges enjoyed by other prisoners”); see also Freeman, 125 F.3d at 738 (noting that Turner’s rational relation test does not resolve the issue of whether Muslim inmates were singled out for disfavored treatment).
examined
Cited "see"
Valmonte v. Bane
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964) (per curiam).
examined
Cited "see"
Valmonte v. Bane
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964) (per curiam).
examined
Cited "see"
Feerick v. Sudolnik
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964).
examined
Cited "see"
Plaza Marine, Inc. v. Exxon Corp.
(6×)
See Cooper v. Pate, 378 U.S. 546, 546 , 84 S.Ct. 1733, 1734 , 12 L.Ed.2d 1030 (1964).
examined
Cited "see"
Sygma Photo News, Inc. v. Globe International, Inc.
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964).
examined
Cited "see"
Esfahani v. Citibank, N.A.
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964) (per curiam) ("taking as true the allegations of the complaint, as they must be on a motion to dismiss, the complaint stated a cause of action”). 2 .
examined
Cited "see"
Emons Industries, Inc. v. Liberty Mutual Fire Insurance
(3×)
See Cooper v. Pate, 378 U.S. 546 , 546, 84 S.Ct. 1733, 1734 , 12 L.Ed.2d 1030 (1967) (per curiam).
examined
Cited "see"
Donald Lee Childs v. Jack Duckworth, Sally Wenzel, and Robert Bronnenberg
(6×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964).
examined
Cited "see"
Jackson v. Ward
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964).
examined
Cited "see"
Paul J. Bogosian, on Behalf of Himself and All Those Similarly Situated v. Gulf Oil Corporation, American Oil Company, Humble Oil & Refining Company, Mobil Oil Company, Phillips Petroleum Company, Shell Oil Company, Sun Oil Company, Texaco, Inc., Cities Service Oil Company, Atlantic Richfield Company, Union Oil Company of California, Union 76 Division, Amerada Hess Corp., Hess Oil and Petroleum Division, Getty Oil Company, Standard Oil Company of Ohio, Standard Oil Company of California. Louis J. Parisi, on Behalf of Himself and All Others Similarly Situated v. Gulf Oil Corporation, American Oil Company, Exxon Corporation, Mobil Oil Company, Phillips Petroleum Company, Shell Oil Company, Sun Oil Company, Texaco, Inc., Cities Service Oil Company, Atlantic Richfield Company, Union Oil Company of California, Union 76 Division, Amerada Hess Corp., Hess Oil and Petroleum Division, Getty Oil Company, Standard Oil Company of Ohio, Standard Oil Company of California, Chevron Oil Co
(3×)
Tuley v. Heyd, supra, 482 F.2d at 593-94 ; Marvasi v. Shorty, 70 F.R.D. 14, 17 (E.D.Pa.1976); see Grzelak v. Calumet Publishing Co., Inc., 543 F.2d 579, 583 (7th Cir. 1975). 31 The standards by which the orders must be tested is whether taking the allegations of the complaint as true, Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964), and viewing them liberally giving plaintiffs the benefit of all inferences which fairly may be drawn therefrom, see Murray v. City of Milford, 380 F.2d 468, 470 (2d Cir. 1967), "it appears beyond doubt that the plaintiff(s) can prove no set of…
examined
Cited "see"
Monroe v. Bombard
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964); Mukmuk v. Commissioner of Dep’t of Correctional Services, 529 F.2d 272, 275 (2d Cir. 1976); Kahane v. Carlson, 527 F.2d 492, 495 (2d Cir. 1975); LaReau v. MacDougall, 473 F.2d 974, 979 (2d Cir. 1972), cert. denied, 414 U.S. 878 , 94 S.Ct. 49 , 38 L.Ed.2d 123 (1973); Pierce v. LaVallee, 293 F.2d 233 (2d Cir. 1961); Maguire v. Wilkinson, 405 F.Supp. 637, 639 (D.Conn.1975); see also, Pell v. Procunier, 417 U.S. 817, 822 , 94 S.Ct. 2800 , 41 L.Ed.2d 495 (1974); Sostre v. McGinnis, 334 F.2d 906, 908 (2d Cir.), cert. denied…
examined
Cited "see"
Maguire v. Wilkinson
(3×)
Ed.2d 263 (1972); see Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964).
examined
Cited "see"
United States v. Kahane
(3×)
See generally Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964); Pierce v. LaVallee, 293 F. 2d 233 (2d Cir. 1961); Sewell v. Pegelow, 291 F.2d 196 (4th Cir. 1961).
examined
Cited "see"
Wilbert Eugene Proffitt v. Dr. P. J. Ciccone
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1966); Evans v. Ciccone, 377 F.2d 4 (8th Cir. 1967).
examined
Cited "see"
Battle v. Anderson
(3×)
See, Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964) ; Cruz v. Beto, 405 U.S. 319 , 92 S.Ct. 1079 , 31 L.Ed.2d 263 (1972); Long v. Parker, 390 F.2d 816 (C.A. 3, 1968) ; Brown v. Peyton, 437 F.2d 1228 (C.A. 4, 1971). 38.
examined
Cited "see"
George Fajeriak v. Frederick P. McGinnis
(6×)
also: Cited "see, e.g."
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964); Haines v. Kerner, 404 U.S. 519 , 92 S.Ct. 594 , 30 L.Ed.2d 652 (1971).
examined
Cited "see"
Zitser v. Walsh
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964).
examined
Cited "see"
State Ex Rel. Thomas v. State
(4×)
See Cooper v. Pate (1964), 378 U. S. 546 , 84 Sup. Ct. 1733, 12 L.
examined
Cited "see"
Wilson v. Prasse
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964); Walker v. Blackwell, 360 F.2d 66 (5 Cir. 1966); Pierce v. LaVallee, 293 F.2d 233 (2 Cir. 1961).
examined
Cited "see"
Wilson v. Prasse
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed. 2d 1030 (1964); Walker v. Blackwell, 360 F.2d 66 (5 Cir. 1966); Pierce v. LaVallee, 293 F.2d 233 (2 Cir. 1961).
examined
Cited "see"
Burnham v. Oswald
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964).
examined
Cited "see"
Fortune Society v. McGinnis
(7×)
also: Cited "see, e.g."
See Cooper v. Pate, Warden, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964) (per curiam) ; Logan v. United States, 144 U.S. 263, 282-295 , 12 S.Ct. 617 , 36 L.Ed. 429 (1892); Pierce v. La Vallee, 293 F.2d 233, 235 (2d Cir. 1961). 4 .
examined
Cited "see"
Freeley v. McGrath
(5×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964); Sharp v. Sigler, 408 F.2d 966, 970 (8th Cir.1969); Wright v. McMann, 387 F.2d 519 (2d Cir.1967); Rodriguez v. McGinnis, 307 F.Supp. 627 (N.D.N.Y.1969).
examined
Cited "see"
Jack Gittlemacker v. Arthur T. Prasse, Commissioner of Prisons of Pa. And Frank C. Johnston, Warden, State Correctional Institution, Dallas, Pa
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964); Walker v. Blackwell, 360 F.2d 66 (5 Cir. 1966); Pierce v. LaVallee, 293 F.2d 233 (2 Cir. 1961).
examined
Cited "see"
Roberts v. Williams
(3×)
See Cooper v. Pate, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964); Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963); Stiltner v. Rhay, 322 F.2d 314 (9th Cir. 1963).
examined
Cited "see"
Wilson v. Prasse
(3×)
See Cooper v. Pate, Warden, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964).
examined
Cited "see"
Wilson v. Prasse
(3×)
See Cooper v. Pate, Warden, 378 U.S. 546 , 84 S.Ct. 1733 , 12 L.Ed.2d 1030 (1964).
Retrieving the full opinion text from the archive…
COOPER
v.
PATE, WARDEN.
v.
PATE, WARDEN.
1134 M.
Supreme Court of the United States.
Jun 22, 1964.
Per Curiam.
Cited by 478 opinions | Published
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
Alex Elson and Bernard Weisberg for petitioner.
William G. Clark, Attorney General of Illinois, and Raymond S. Sarnow and Edward A. Berman, Assistant Attorneys General, for respondent.
PER CURIAM.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.
The petitioner, an inmate at the Illinois State Penitentiary, brought an action under 28 U. S. C. § 1343 and 42 U. S. C. § 1983, § 1979 of the Revised Statutes, alleging that solely because of his religious beliefs he was denied permission to purchase certain religious publications and denied other privileges enjoyed by other prisoners. The District Court granted the respondent's motion to dismiss for failure to state a claim on which relief could be granted and the Court of Appeals affirmed. 324 F. 2d 165 (C. A. 7th Cir.). We reverse the judgment below. Taking as true the allegations of the complaint, as they must be on a motion to dismiss, the complaint stated a cause of action and it was error to dismiss it. See Pierce v. LaVallee, 293 F. 2d 233 (C. A. 2d Cir.); Sewell v. Pegelow, 291 F. 2d 196 (C. A. 4th Cir.).