Smith v. Mensinger’s Empirical Analysis
293 F.3d 641 · 2002
Citation profile
15 federal appellate · 26 district · 2 state decisions
How this case has been cited
Cited by 180 later decisions (1 by the Supreme Court) — most recently February 2024 · most notably Wilkins v. Gaddy (2010), Mitchell v. Horn (2003)
15 federal appellate · 26 district · 2 state decisions
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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Conley v. Gibson · Sandin v. Conner · Hudson v. McMillian · V. C O Churner · Rode v. Dellarciprete
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 180 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an officer is only liable if there is a realistic and reasonable opportunity to intervene.”
4 later decisions quote this exact passage · from the majoritye.g. Ricks v. Shover · Klein v. Madison“a reasonable opportunity to intervene and simply refused to do so.”
4 later decisions quote this exact passage · from the majoritye.g. Ricks v. Shover · Bistrian v. Levi“(1) “the need for the application of force”; (2) “the relationship between the need and the amount of force that was used”; (3) “the extent of injury inflicted”; (4) “the extent of the threat to the safety of staff and inmates, as reasonably perceived by responsible officials on the basis of the facts known to them”; and (5) “any efforts made to temper the severity of a forceful response.””
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.