Walker v. Schwalbe’s Empirical Analysis
112 F.3d 1127 · 1997
Citation profile
29 federal appellate ·
How this case has been cited
Cited by 50 later decisions — most recently April 2021 · most notably Kinney v. Weaver (2004), Macuba v. DeBoer (1999)
29 federal appellate ·
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. § 1291 · 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 · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Siegert v. Gilley
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]here the official's state of mind is an essential element of the underlying violation, the state of mind must be considered in the qualified immunity analysis or a plaintiff would almost never be able to prove that the official was not entitled to qualified immunity. We hold, as every Circuit that has considered this issue has held, that where subjective motive or intent is a critical element of the alleged constitutional violation the intent of the government actor is relevant.”
2 later decisions quote this exact passage · from the dissente.g. Flores v. Satz · Kinney v. Weaver“Plaintiffs may not discharge their burden [of showing that a right is clearly established] by referring to general rules and abstract rights.”
2 later decisions quote this exact passage · from the dissente.g. Jones v. Cannon · Wilson v. Strong“the government's state of mind is a critical element in First Amendment”
2 later decisions quote this exact passage · from the dissente.g. Travers v. Jones · Travers v. Jones
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.