Brown v. Crowley’s Empirical Analysis
312 F.3d 782 · 2002
Citation profile
14 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 48 later decisions (1 by the Supreme Court) — most recently March 2024 · most notably Hamad v. Woodcrest Condominium Ass'n (2003), Smith v. United States (2003)
14 federal appellate · 1 district · 4 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
Relies on Anderson v. Liberty Lobby, Inc. · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Anderson v. Creighton · Mitchell v. Forsyth · Swierkiewicz v. Sorema N. A.
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We need not address [the defendants’ qualified immunity argument], however, because the defendants did not raise the affirmative defense of qualified immunity in their motion for summary judgment. Although the defendants preserved the defense in their first responsive pleading and in their answer to [the plaintiffs] complaint, they did not pursue this argument before the district court in the motion for summary judgment that they filed after the case was remanded. The Seventh Circuit has explained that, even if a defendant has “raised” the affirmative defense in a responsive pleading, “the defense of qualified immunity may be deemed as waived if not properly and timely presented before the district court.” Walsh v. Mellas, 837 F.2d 789, 799 (7th Cir.1988). “[T]he cases holding that an omission of this character constitutes a waiver of the right to present that issue on appeal are legion.” Id. at 799-800 (“The mere fact that an obscure reference to [an affirmative defense] is contained in one of the defendants’ pleadings does not suffice to preserve that issue for appeal.”). We find this reasoning persuasive. See J.C. Wyckoff & Assocs., Inc. v. Standard Fire Ins. Co., 936 F.2d 1474, 1488 (6th Cir.1991) (“Issues not presented to the district court but raised for the first time on appeal are not properly before the court.”). We will not, therefore, address the defendants’ argument that they have qualified immunity from [the plaintiffs] claim.”
2 later decisions quote this exact passage · from the majority“the judgment of the district court must be vacated and the case remanded for further proceedings, because the district court erred in its application of the law to Brown's retaliation claim. The defendants will thus be free to reassert their immunity defenses in the district court.”
1 later decision quote this exact passage · from the majority“[t]he district court seemed to [analyze] everything in favor of the defendants”
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.