Bailey’s Empirical Analysis
Citation profile
9 district · 3 state decisions
How this case has been cited
Cited by 55 later decisions — most recently January 2026 · most notably No 02-2306, Enders v. District of Columbia (2010)
9 district · 3 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 Harlow v. Fitzgerald · Illinois v. Gates · Anderson v. Creighton · Cohen v. Beneficial Industrial Loan Corp. · 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, [the court] must decide "whether a constitutional right would have been violated on the facts alleged." "Next, assuming that the violation of the right is established, [the] court[ ] must consider whether the right was clearly established at the time such that it would be clear to an objectively reasonable [official] that his conduct violated that right."”
5 later decisions quote this exact passage · from the majority“Probable cause is a “practical, nontechnical conception” that addresses the “the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” Illinois v. Gates, 462 U.S. 213, 231 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) (quotation marks omitted). It is a “fluid concept” that cannot be “reduced to a neat set of legal rules.” Id. at 232 , 103 S.Ct. 2317 . We have previously held that in the case of the law governing seizures for psychological evaluations, there is a “lack of clarity” as far as what constitutes probable cause. Gooden [], 954 F.2d [at] 968 [ ].”
3 later decisions quote this exact passage · from the majority“although Bailey denied that he was suicidal. Obviously, they believed, and it is undisputed that they believed, that they should take Bailey into custody, as a danger to himself, or for a mental examination. 13 The holding of this court at issue here is that there was no probable cause for the officers to have believed it was their obligation to take Bailey into custody. 14 Without more, the 911 report cannot bear the weight that the officers would place on it.”
2 later decisions 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.