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← 321 F. Supp. 2d 733 - Veney v. Ojeda

321 F. Supp. 2d 733 - Veney v. Ojeda’s Empirical Analysis

2004

Citation profile

10
cited by 10 later decisions
August 2014
most recently cited

1 district ·

Relationships

Applies 28 U.S.C. § 1441 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Terry v. Ohio · Harlow v. Fitzgerald · Illinois v. Gates · Wong Sun v. United States · Graham v. Connor

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

  1. “In DeChene v. Smallwood, 226 Va. 475, 479 , 311 S.E.2d 749 (1984), the Supreme Court of Virginia made clear that a law enforcement officer may not be held hable for a false arrest if the officer acted “ ‘in good faith and with probable cause.’ ” Id. (quoting Pierson v. Ray, 386 U.S. 547, 555 , 87 S.Ct. 1213 , 18 L.Ed.2d 288 (1967)). To establish the defense, an officer “ ‘need not allege and prove probable cause in the constitutional sense.’ ” Id. (citing Bivens v. Six Unknown Named Agents of Fed. Bur. of Narc., 456 F.2d 1339, 1347 (2d Cir. 1972)). Instead, the officer must allege and prove (i) that he believed in good faith that the arrest was lawful and (ii) that his belief was reasonable. Id.”
    1 later decision quote this exact passage · from the majority
  2. “In Virginia, a government agent performing discretionary functions is protected from civil suit by sovereign immunity unless the agent’s actions were grossly negligent. See McLenagan, 27 F.3d at 1009 n. 10 (citing Colby v. Boyden, 241 Va. 125, 128-29 , 400 S.E.2d 184 (1991)). Gross negligence is defined as the “absence of slight diligence, or the want of even scant care.” Id. at 1009 (quoting Frazier v. City of Norfolk, 234 Va. 388, 393 , 362 S.E.2d 688 (1987)). Put differently, to prove gross negligence, a plaintiff must prove “an utter disregard of prudence amounting to complete neglect of the safety of another.” Id.”
    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.