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← 108 FSUPP3D 1030 - Peña v. Greffet

Peña v. Greffet’s Empirical Analysis

2015

Citation profile

3
cited by 3 later decisions
1
states following
November 2018
most recently cited

1 district · 1 state decisions

Relationships

Applies 42 U.S.C. § 15609 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Erie Co v. Tompkins · Graham v. Connor · Farmer v. Brennan

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

  1. “(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) an offensive contact with the person of the other directly or indirectly results.”
    2 later decisions quote this exact passage · from the concurrence
  2. “the elements of civil and criminal assault and battery are essentially identical.”
    2 later decisions quote this exact passage · from the concurrence
  3. “An 'officer can be held liable for assault and battery if he uses excessive force.' " Pena v. Greffet , 108 F.Supp.3d at 1048 (Browning, J.)(quoting Adegbuji v. Middlesex Cty ., No. CIV 03-1757, 2006 WL 2806289 , at (D.N.J. Sept. 28, 2006) (Sheridan, J.) ). When analyzing whether an officer's actions create liability for tort claims, the officer's perspective is the central focus; the reasonableness of an officer's use of force is measured "from the perspective of the officer on the scene, with the understanding that officers must often make split-second decisions in difficult situations.”
    1 later decision quote this exact passage · from the concurrence

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.