Huffman’s Empirical Analysis

Citation profile

11 district · 7 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he danger-creation exception to De-Shaney does not create a broad rule that makes state officials liable under the Fourteenth Amendment whenever they increase the risk of some harm to members of the public. Rather, the danger-creation plaintiff must demonstrate, at the very least, that the state acted affirmatively, and with deliberate indifference, in creating a foreseeable danger to the plaintiff leading to the deprivation of the plaintiffs constitutional rights.”

   4 later decisions quote this exact passage · from the majority
   e.g. 687 F. Supp. 2d 1214 - FUNEZ EX REL. FUNEZ v. Guzman · 719 F. Supp. 2d 1229 - Cole v. Federal Bureau of Investigations

2. “Our sister circuits disagree as to whether the danger-creation exception applies only when the danger created by a state official is directed toward a particular plaintiff, as opposed to being directed toward the general public. Because the [plaintiffs’] claim would fail regardless of whether the danger-creation theory extended to threats to the general public, we leave resolution of this question for another day.”

   2 later decisions quote this exact passage · from the majority
   e.g. 873 F. Supp. 2d 1124 - Doe v. Round Valley Unified School District · Kennedy Jd v. City of Ridgefield Wa

3. “`danger creation' basis for a claim . . . necessarily involves affirmative conduct on the part of the state in placing the plaintiff in danger.”

   2 later decisions quote this exact passage · from the majority
   e.g. The Estate of Burton Walter Amos v. The City of Page Arizona · Kennedy Jd v. City of Ridgefield Wa