Petta ex rel. Petta v. Rivera’s Empirical Analysis
133 F.3d 330 · 1998
Citation profile
8 federal appellate · 1 district ·
How this case has been cited
Cited by 11 later decisions — most recently October 2013
8 federal appellate · 1 district ·
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
Relies on Terry v. Ohio · Harlow v. Fitzgerald · Scheuer v. Rhodes · Anderson v. Creighton · Cohen v. Beneficial Industrial Loan Corp.
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“See id. 9 In this case, the district court did not outline the factual scenario it assumed in construing the summary judgment evidence in the light most favorable to the Officers. In fact, it appears that it rested its ruling solely on the allegations made by the Officers in their Third Amended Complaint. This would be improper in light of the Supreme Court's instructions in Behrens. Considering it is not clear that the district court assumed a factual scenario supported by summary judgment evidence in applying the Harlow test, and if it did, what that factual scenario is, the more”
1 later decision quote this exact passage · from the dissente.g. Castillo“the majority fails to acknowledge clearly that an officer’s excessive, unreasonable and outrageous use of deadly force against helpless and innocent bystanders such as the Petta children violates their Fourteenth Amendment substantive due process rights; and that, otherwise, innocent bystanders would be shorn of all constitutional rights and have less protection under the constitution and § 1983 tha[n] prisoners, arrestees, and detainees.”
1 later decision quote this exact passage · from the dissente.g. Petta v. Rivera“objective, validating event” in assessing objective reasonableness of officer’s actions), with Jefferson, 817 F.2d at 305 (assessing school officials' defense of qualified immunity without considering severity of plaintiff’s injury); Lynch, 810 F.2d at 1375-76 (relying on severity of injury as one of three factors in determining whether officers’ conduct assumed constitutional dimensions); Coon, 780 F.2d at 1163 (”
1 later decision quote this exact passage · from the dissente.g. Petta v. Rivera
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.