Mamani v. Berzaín’s Empirical Analysis
2014
Citation profile
3 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 1350 (Torture Victim Protection Act of 1991) · 28 U.S.C. § 1367
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Scheuer v. Rhodes · Woodford v. Ngo · Equal Employment Opportunity Commission v. Arabian American Oil Co.
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the existence of a superior-subordinate relationship between the commander and the perpetrator of the crime; (2) that the commander knew or should have known, owing to the circumstances at the time, that his subordinates had committed, were committing, or planned to commit acts violative of the law of war; and (3) that the commander failed to prevent the commission of the crimes, or failed to punish the subordinates after the commission of the crimes.”
1 later decision quote this exact passage · from the dissente.g. Mamani v. Berzaín“[t]he concept of effective control over a subordinate [is] the sense of a material ability to prevent or punish criminal conduct, however that control is exercised.”
1 later decision quote this exact passage · from the dissente.g. Mamani v. Berzaín“that Defendants had 'effective control' over the Bolivian soldiers”
1 later decision quote this exact passage · from the dissente.g. Mamani v. Berzaín
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.