Kessler v. Barowsky’s Empirical Analysis
1997
Citation profile
1 district · 8 state decisions
How this case has been cited
Cited by 9 later decisions — most recently March 2016
1 district · 8 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 Monell v. Department of Social Services of City of New York · Graham v. Connor · City of Canton v. Harris · Daniels v. Williams · Tennessee v. Garner
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The department contends that the opinion of Lenore’s expert that the police officers continued to use deadly force when it was no longer objectively reasonable to do so and thereby caused Bobbie’s death is conclusory, speculative, and not based on facts in the record. We conclude that Lenore’s expert referred to sufficient facts contained in the record regarding the injuries sustained by Bobbie to provide a foundation for the admissibility of his opinion. Foremost among these facts are the following: a. He had been hit by three nonfatal shots in his left and right shoulders while he was turning to face or was facing the police officers. b. After he had fallen from the impact of those shots with his head toward the door and his feet toward the shooters so as to be FACING AWAY FROM THEM, (emphasis supplied [by Lenore’s expert]) he was shot twice more from behind. c. The fatal shot entered his left hip/buttock while he was prone and continued through his long axis to penetrate his chest while still another shot went through his right buttock at a similar angle. d. Additionally, there are four shots to the floor in front of him and two shots to the floor behind him that more probably than not were fired after he went down. e. The physical evidence clearly shows that the police officers continued to shoot at him after he had turned and dropped face down from their initial volley of shots.”
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.