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← 145 F.3d 1231 - Sheth v. Webster

Sheth v. Webster’s Empirical Analysis

145 F.3d 1231 · 1998

Citation profile

86
cited by 86 later decisions
1
states following
October 2022
most recently cited

22 federal appellate · 1 district · 5 state decisions

How this case has been cited

Cited by 86 later decisions — most recently October 2022 · most notably Lee v. Ferraro (2002), Wood v. Kesler (2003)

22 federal appellate · 1 district · 5 state decisions

5101998200020102020decided

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 Harlow v. Fitzgerald · Anderson v. Creighton · Cohen v. Beneficial Industrial Loan Corp. · Mitchell v. Forsyth · Johnson v. Jones

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

  1. “" Every peace officer, except constables, who is employed or appointed pursuant to the Constitution or statutes of this state, whether appointed or employed as such peace officer by the state or a county or municipality thereof, or by an agency or institution, corporate or otherwise, created pursuant to the Constitution or laws of this state and authorized by the Constitution or laws to appoint or employ police officers or other peace officers, and whose duties prescribed by law, or by the lawful terms of their employment or appointment, include the enforcement of, or the investigation and reporting of violations of, the criminal laws of this state, and who is empowered by the laws of this state to execute warrants, to arrest and to take into custody persons who violate, or who are lawfully charged by warrant, indictment, or other lawful process, with violations of, the criminal laws of this state, shall at all times be deemed to be officers of this state, and as such shall have immunity from tort liability arising out of his or her conduct in performance of any discretionary function within the line and scope of his or her law enforcement duties. "”
    7 later decisions quote this exact passage · from the majority
  2. “'those ... as to which there is no hard and fast rule as to the course of conduct that one must or must not take and those acts requiring exercise in judgment and choice and involving what is just and proper under the circumstances .'”
    6 later decisions quote this exact passage · from the majority
  3. “Apparently recognizing that certain state police officers are entitled to absolute immunity as constitutional officers and that other state police officers are entitled to discretionary function immunity, but that county and municipal police officers arguably had no immunity, the Alabama Legislature adopted § 6-5-338(a), Code of Alabama 1975. This provision became effective on April 26, 1994. Pursuant to § 6-5-338(a) ... municipal police officers, are entitled to the same discretionary function immunity as are state officers who are not constitutional officers.”
    2 later decisions quote this exact passage · from the majority

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.