Case Citator › Tourscher v. McCullough

Tourscher v. McCullough

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

Good law
Court
Third Circuit
Citation
184 F.3d 236
Decided
Confirmed treatments
0
Flagged citations read
377 of 377
Citing cases (total)
2,759
Good law
Every flagged citation to this case has been read, and none of them overrules, limits, or questions it. Tourscher v. McCullough remains good law: all 377 flagged citations have been read, and no adverse treatment was confirmed. The reviewed opinions continued to apply Tourscher's rule that § 1915 failure-to-state-a-claim screening uses the Rule 12(b)(6) standard, its plenary appellate-review formulation, its any-ground-for-affirmance rule, or its holding concerning work required of sentenced prisoners.
More on how this was screened

The repeated “abrogated” language concerned Shorter v. United States, Fisher v. Hollingsworth, immunity cases, or other unrelated authorities; other adverse vocabulary concerned objections, statutes, agreements, or dispositions rather than Tourscher.

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.

2,759 later cases cite Tourscher v. McCullough; 377 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 Tourscher v. McCullough?

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.

No reviewed court has overruled or limited this case.

Every one of the 377 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.

Does this case still carry your argument?

Describe your facts. Ezel reads Tourscher v. McCullough and the cases that treated it, then tells you whether it still holds for your situation, with citations.

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