Cunningham v. Gates’s Empirical Analysis
312 F.3d 1148 · 2002
Citation profile
17 federal appellate · 2 district · 3 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Heck v. Humphrey · Ashe v. Swenson · Spencer v. Kemna · 22 Cal. 3d 865 - Clemmer v. Hartford Insurance Co. · Matsushita Electric Industrial Co. v. Epstein
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The plaintiff in Smithart tried to use his truck to run over the sheriff and state patrolman, an act for which he was later convicted of assault. The plaintiff claimed that, after he got out of his truck, the sheriff and patrolman used excessive force to arrest him. The assault conviction and the excessive force claim did not arise from the same acts. Indeed, once he was out of the truck and without access to his “assault weapon,” the officers had no need to use excessive force to subdue the plaintiff or to protect themselves. Here, however, there was no break between Cunningham’s provocative act of firing on the police and the police response that he claims was excessive.”
3 later decisions quote this exact passage · from the majority“failure timely to pursue habeas remedies”
3 later decisions quote this exact passage · from the majoritye.g. Herbert F. Boeckmann, II Gerald Chaleff Rochelle De La Rocha Raymond C. Fisher James G. Fisk Stephen Gavin Maxwell E. Greenberg Dean Hansell Deirdre Hughes Hill Warren Jackson Melanie Lomax Art Mattox Edith Perez Enrique Hernandez Barbara Schlei Robert Talcott Reva Tooley Robert I. Weil Stanley Scheinbaum Michael Yamaki Stephen Yslas Mary Burwell Cooper Ellen M. Fawls Jeffrey Gallagher James Kenneth Hahn Katherine J. Hamilton Richard Helgeson Thomas Hokinson Stuart D. Hotchkiss Helen Annette Keller, Richard Riordan · No. 02-56017“intentionally provoked the deadly police response,”
2 later decisions quote this exact passage · from the majoritye.g. Herbert F. Boeckmann, II Gerald Chaleff Rochelle De La Rocha Raymond C. Fisher James G. Fisk Stephen Gavin Maxwell E. Greenberg Dean Hansell Deirdre Hughes Hill Warren Jackson Melanie Lomax Art Mattox Edith Perez Enrique Hernandez Barbara Schlei Robert Talcott Reva Tooley Robert I. Weil Stanley Scheinbaum Michael Yamaki Stephen Yslas Mary Burwell Cooper Ellen M. Fawls Jeffrey Gallagher James Kenneth Hahn Katherine J. Hamilton Richard Helgeson Thomas Hokinson Stuart D. Hotchkiss Helen Annette Keller, Richard Riordan · Guerrero v. Gates
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.