Public-domain · open source
OpenJurist
← 355 F.3d 1028 - Manning v. Miller

Manning v. Miller’s Empirical Analysis

355 F.3d 1028 · 2004

Citation profile

25
cited by 25 later decisions
1
states following
May 2019
most recently cited

9 federal appellate · 1 district · 1 state decisions

Relationships

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

Relies on Conley v. Gibson · Brady v. State of Maryland · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Kyles v. Whitley · Imbler v. Pachtman

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

  1. “Manning points to actions taken over the course of years that set the stage for his trial; the timing of some of these claimed actions well before trial lends some credence to Manning’s theory that this behavior goes beyond perjury. Such actions included inducing a witness to falsely identify Manning in a line-up, selecting Dye to be the jailhouse informant, and inducing Dye to create a false story. Manning argues that the agents failed to tell prosecutors that they had done these things. Further, Manning believes the agents created and submitted false written reports stating that Manning had confessed when they knew he had not, and destroyed or tampered with the physical evidence, namely the tapes of the purported confessions.”
    1 later decision quote this exact passage · from the majority
  2. “Manning brings this claim against federal investigators under the authority of Bivens v. Six Unknown Named Agents, 403 U.S. 388 [ 91 S.Ct. 1999 , 29 L.Ed.2d 619 ] (1971). Although this Circuit has not explicitly recognized that Bivens may be employed to bring a Brady claim, we have recognized that Bivens may be used to bring claims for violations of procedural and substantive due process. See Alejo v. Heller, 328 F.3d 930 (7th Cir.2003); Hoosier Bancorp of Ind. v. Rasmussen, 90 F.3d 180 (7th Cir.1996). We have also entertained the use of a Bivens cause of action where the plaintiff complains that law enforcement officers created false evidence to be used at trial. Hammond v. Kunard, 148 F.3d 692 , 694-95 (7th Cir.1998).”
    1 later decision quote this exact passage · from the majority
  3. “[a] court may not dismiss a case on the pleadings unless it appears 'beyond a reasonable doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'”
    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.