Greene v. Barber’s Empirical Analysis

Citation profile

37 federal appellate · 2 district · 3 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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At the summary judgment stage, facts must be viewed in the light most favorable to the nonmoving party only if there is a ‘genuine’ dispute as to those facts. As we have emphasized, “[w]hen the moving party has carried its burden under Rule 56(c), its opponent must do more than simply show that there is some metaphysical doubt as to the material facts.... Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no ‘genuine issue for trial.’” [T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.’ When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment. ... Respondent’s version of the events is so utterly discredited by the record that no reasonable jury could have believed him [so][t]he Court of Appeals should not have relied on such visible fiction; it should have viewed the facts in the light depicted by the videotape.”

   1 later decision quote this exact passage · from the majority
   e.g. 595 F. Supp. 2d 757 - Rogers v. Detroit Police Department

2. “[T]he existence of probable cause is not determinative of the constitutional question if, as alleged here, the plaintiff was arrested in retaliation for having engaged in constitutionally protected speech. The law is well established that “[a]n act taken in retaliation for the exercise of a constitutionally protected right is actionable under § 1983 even if the act, when taken for a different reason, would have been proper.””

   1 later decision quote this exact passage · from the majority
   e.g. Hansen v. Williamson

3. “[t]he First Amendment protects a significant amount 2 of verbal criticism and challenge directed at police officers,”

   1 later decision quote this exact passage · from the majority
   e.g. Rupp v. City of Buffalo