108 N.C. App. 106 - Fowler v. Valencourt’s Empirical Analysis
1992
Citation profile
2 federal appellate · 14 state decisions
How this case has been cited
Cited by 21 later decisions — most recently July 2017
2 federal appellate · 14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Anderson v. Creighton · Mitchell v. Forsyth · Monroe v. Pape · Malley v. Briggs
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]o establish a constitutional violation sufficient to support liability pursuant to [42 U.S.C.] § 1983, ... [a] plaintiff must establish an even greater degree of excessive force than that required for a state law tort action.” Fowler, 423 S.E.2d at 790 (emphasis added); Myrick v. Cooley, 91 N.C.App. 209 , 371 S.E,2d 492 , 496 (1988) (”
1 later decision quote this exact passage“[p]ursuant to the common law of North Carolina, an assault [and battery] by a law enforcement officer upon a citizen can provide the basis for a civil action for damages against the officer only if a plaintiff can show that the officer used force against plaintiff which was excessive under the given circumstances.”
1 later decision quote this exact passage“The existence or nonexistence of probable cause is a mixed question of law and fact. If the facts are admitted or established it is a question of law for the court. Conversely, when the facts are in dispute the question of probable cause is one of fact for the jury.”
1 later decision quote this exact passage
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.