Nelson v. Jashurek’s Empirical Analysis
109 F.3d 142 · 1997
Citation profile
23 federal appellate · 9 district · 1 state decisions
How this case has been cited
Cited by 60 later decisions — most recently December 2021 · most notably Smith v. City of Hemet (2005), Bush v. Strain (2008)
23 federal appellate · 9 district · 1 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Graham v. Connor · Mitchell v. Forsyth · Heck v. Humphrey · Johnson v. Jones · McKay v. Jobin
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“effectuated a lawful arrest in an unlawful manner,”
2 later decisions quote this exact passage · from the majority“According to [the plaintiff]'s complaint, he disobeyed [the officer]'s orders to halt and instead ran away. [The officer] pursued and caught [the plaintiff], and a struggle ensued. [The plaintiff] claims that he then sat down and that when he later got up from the chair, [the officer] beat him with a flashlight and used excessive and malicious force to subdue him. [The plaintiff] asserts that he sustained physical and psychological injuries as a result of [the officer]'s actions. [ Id. at 144 .]”
1 later decision quote this exact passage · from the majority“If the means employed by the actor for the purpose of effecting the arrest or recapture of another, or of maintaining the actor’s custody of him, are in excess of those which he is privileged to use, (a) the actor is liable for only so much of the force as is excessive; (b) the other’s liability for the use of any unprivileged force against the actor is not thereby affected; (c) the other has the privilege stated in §§ 63-75 to defend himself against such excessive force.”
1 later decision quote this exact passage · from the majoritye.g. Peña v. Greffet
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.