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← 307 F.3d 650 - Abrams v. Walker

Abrams v. Walker’s Empirical Analysis

307 F.3d 650 · 2002

Citation profile

39
cited by 39 later decisions
December 2015
most recently cited

17 federal appellate ·

Relationships

Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1367 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Mt. Healthy City School District Board of Education v. Doyle · City of Houston v. Hill · Terminiello v. Chicago

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

  1. “In order to establish a prima facie case of First Amendment retaliation, a plaintiff must demonstrate that (1) his conduct was constitutionally protected; and (2) his conduct was a `substantial factor' or `motivating factor' in the defendant's challenged actions.”
    2 later decisions quote this exact passage · from the majority
  2. “the burden shifts to the defendant, who must show by a preponderance of the evidence that he would have taken the same actions even in the absence of the protected conduct.”
    1 later decision quote this exact passage · from the majority
  3. “[a]n act taken in retaliation for the exercise of a constitutionally protected right violates the Constitution.”
    1 later decision 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.