Despain v. Uphoff’s Empirical Analysis
264 F.3d 965 · 2001
Citation profile
28 federal appellate · 24 district ·
How this case has been cited
Cited by 108 later decisions — most recently April 2025 · most notably Fogarty v. Gallegos (2008), Surprenant v. Rivas (2005)
28 federal appellate · 24 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 Harlow v. Fitzgerald · Anderson v. Creighton · Estelle v. Gamble · Farmer v. Brennan · Wilson v. Seiter
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 108 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Applying the same standards as the district court, we must determine whether the plaintiff has satisfied a heavy two-part burden. The plaintiff must first establish that the defendant’s actions violated a constitutional or statutory right. If the plaintiff establishes a violation of a constitutional or statutory right, he must then demonstrate that the right at issue was clearly established at the time of the defendant’s unlawful conduct. ... If the plaintiff fails to satisfy either part of the two-part inquiry, the court must grant the defendant qualified immunity.... In short, although we will review the evidence in the light most favorable to the nonmoving party, the record must clearly demonstrate the plaintiff has satisfied his heavy two-part burden; otherwise, the defendants are entitled to qualified immunity.”
3 later decisions quote this exact passage · from the majority“[e]xposure to human waste, like few other conditions of confinement, evokes both the health concerns emphasized in Farmer [ v. Brennan , 511 U.S. 825 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994),] and the more general standards of dignity embodied in the Eighth Amendment,”
3 later decisions quote this exact passage · from the majority“[d]e minimis applications of force are necessarily excluded from the cruel and unusual punishment inquiry.” Northington v. Jackson, 973 F.2d 1518, 1524 (10th Cir.1992), and”
3 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.