Burnham v. Ianni’s Empirical Analysis

Citation profile

41 federal appellate · 13 district · 1 state decisions

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

1. “(1) whether Swanson has asserted' a violation of a constitutional or statutory right; (2) if so, whether the right was clearly established at the time of the violation; and (3) whether, given the facts most favorable .to Swanson, there are no genuine issues of material fact as to whether a reasonable official would have known that the alleged action violated the right.”

   4 later decisions quote this exact passage · from the majority
   e.g. Thornton v. U.S. Department of Justice · 110 F. Supp. 2d 1099 - Nichols v. Chacon

2. ““[I]t is not necessary that the Supreme Court has directly addressed the issue, nor does the precise action or omission in question need to have been held unlawful. In the absence of binding precedent, a court should look to all available decisional law including decisions of state courts, other circuits and district courts .... ””

   2 later decisions quote this exact passage · from the majority
   e.g. Smook v. Minnehaha County · 26 F. Supp. 2d 1189 - Konop v. Northwestern School District

3. “Nonverbal conduct constitutes speech if it is intended to convey a particularized message and the likelihood is great that the message will be understood by those who view it, regardless of whether it is actually understood in a particular instance in such a way.”

   2 later decisions quote this exact passage · from the majority
   e.g. Coggin v. State · 281 F. Supp. 2d 989 - Robb v. Hungerbeeler