Smith v. Reddy’s Empirical Analysis

Citation profile

14 federal appellate · 7 district ·

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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) identify the right allegedly violated, (2) decide whether that right was clearly es tablished at the time of the alleged violation, and, if so, (3) determine whether a reasonable person in the officer’s position would have known that his or her actions violated that right.”

   2 later decisions quote this exact passage
   e.g. Torian v. City of Beckley · 963 F. Supp. 570 - Robertson v. City of Beckley

2. “If the right was not clearly established at the relevant time or if a reasonable officer might not have known that his or her conduct violated that right, the officer is entitled to immunity.”

   2 later decisions quote this exact passage
   e.g. S.P., a Citizen of Takoma Park, Maryland v. The City of Takoma Park, Maryland Robert Phillips, in His Official Capacity as Chief of the Takoma Park Police Department Brian Rich, Individually and in His Capacity as an Officer of the Takoma Park Police Department Unknown and Unidentified Police Officers of the Takoma Police Department Who Were Present at and Involved in the Incidents Complained of Herein, Individually and in Their Capacity as Officers of the Takoma Park Police Department Washington Adventist Hospital Cyril Hardy James Buxbaum Paul O'Brien Carla Cunningham Marlene Wesley, American Civil Liberties Union of Maryland, Inc., Amicus Curiae, Zuckert, Scoutt & Rasenberger, L.L.P., Movant · Sp v. City of Takoma Park Maryland

3. “When an officer acts pursuant to a warrant, the pertinent question is whether the officer could have reasonably thought there was probable cause to seek the warrant. Qualified immunity is lost only if the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable. In other words, an officer is not denied qualified immunity for making a reasonable mistake, as long as that mistake is reasonable under the circumstances.”

   1 later decision quote this exact passage
   e.g. Torian v. City of Beckley