Miller v. Clark County’s Empirical Analysis

Citation profile

25 federal appellate · 8 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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the severity of the crime at issue, (2) whether the suspect posed an immediate threat to the safety of the officers or others, and (3) whether the suspect was actively resisting arrest or attempting to evade arrest by flight.”

   6 later decisions quote this exact passage · from the majority
   e.g. S.T. v. City of Ceres · Estate of Adkins , by and through Adkins v. County of San Diego

2. “Our analysis involves three steps. First, we must assess the severity of the intrusion on the individual's Fourth Amendment rights by evaluating `the type and amount of force inflicted.'”

   4 later decisions quote this exact passage · from the majority
   e.g. S.T. v. City of Ceres · 514 F. Supp. 2d 1170 - Neal-Lomax v. Las Vegas Metropolitan Police Dept.

3. “and not severe where the officer was closely following behind the canine and called the canine off quickly after the initial contact. Id. at 1257 (contact was so brief that the Sergeant questioned whether contact had even occurred). In viewing the facts in the light most favorable to Koistra, the canine bit into her left finger, left hand, left arm, face, mouth and skull for about thirty seconds even though she surrendered by showing herself, putting her hands up and saying”

   1 later decision quote this exact passage · from the majority
   e.g. Koistra v. Cnty. of San Diego