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← 337 F. Supp. 2d 1012 - Sample v. Bailey

337 F. Supp. 2d 1012 - Sample v. Bailey’s Empirical Analysis

2004

Citation profile

2
cited by 2 later decisions
January 2011
most recently cited

Relationships

Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1391 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Harlow v. Fitzgerald · Mitchell v. Forsyth · Parratt v. Taylor · Pierson v. Ray · Duncan v. Walker

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

  1. “When the legal question ... is completely dependent upon which view of the facts is accepted by the jury, the District Court cannot grant a defendant police officer immunity from a deadly force claim. This is because the reasonableness of the use of force is the linchpin of the case. If the jury determines the officer shot the suspect without a reasonable belief that he posed a significant threat of death or serious physical injury to the officer or others, then the officer’s actions were legally unreasonable under the Fourth Amendment. On the other hand, if the jury believes the officer’s version of the facts and finds the officer’s conduct was reasonable, then he will be entitled to qualified immunity. Where, as here, the legal question of qualified immunity turns upon which version of the facts one accepts, the jury, not the judge, must determine liability. This is especially true considering that the District Court must view the facts in the light most favorable to the plaintiff on a motion for summary judgment.”
    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.