Case Citator › Sample v. Diecks

Sample v. Diecks

Is it still good law? What later courts have actually done to this case.

Questioned by some courts
Court
Third Circuit
Citation
885 F.2d 1099
Decided
Confirmed treatments
1
Flagged citations read
51 of 51
Citing cases (total)
51
Treatment dates
2017
Questioned by some courts
At least one reviewed court has questioned this case’s reasoning or continued validity. No reviewed court has overruled it. The Third Circuit has questioned whether Sample's test for indirect supervisory liability survives Ashcroft v. Iqbal, but has left that issue unresolved. All 51 citing opinions selected for review have been read.
More on how this was screened

Later courts have continued to apply Sample's rules in other settings.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

51 later cases cite Sample v. Diecks; 51 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Sample v. Diecks?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Questioned

  • The Third Circuit questioned whether Sample's test for indirect supervisory liability remains valid after Iqbal, and expressly left the issue open.

    Palakovic v. Wetzel · Third Circuit · filed

    There is some question as to whether a supervisor may be held indirectly liable for deficient policies under Sample v. Diecks, 885 F.2d 1099, 1118 (3d Cir. 1989)), as the Supreme Court may have called the so-called Sample test into question in Ashcroft v. Iqbal, 556 U.S. 662 (2009). Because the Palakovics have plausibly alleged a claim based on direct supervisory liability, we need not consider the unresolved nature of the Sample test today.
    Read the full opinion on CourtListener →

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