O'Rourke v. Hayes’s Empirical Analysis
378 F.3d 1201 · 2004
Citation profile
16 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 54 later decisions — most recently April 2024 · most notably Misty Kingsland v. City of Miami (2004), Grider v. City of Auburn (2010)
16 federal appellate · 2 district · 2 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 Mitchell v. Forsyth · Payton v. New York · Coolidge v. New Hampshire · Bonner v. City of Prichard · Pembaur v. City of Cincinnati
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[S]ince World War II, the just following orders defense has not occupied a respected position in our jurisprudence, and officers in such cases may be held liable under § 1983 if there is a reason why any of them should question the validity of that order.”
2 later decisions quote this exact passage · from the concurrence“Hayes did not have a search warrant, and can point to no exigency justifying his search. Consequently, even if a factually similar case did not exist, his actions would still have violated rights that are clearly established under these general statements of principle.”). 5 . Indeed, in Adler, supra, where the Second Circuit concluded that it violates the First Amendment to retaliate against an employee for the protected speech of a close family member, the Court of Appeals specifically acknowledged”
1 later decision quote this exact passage · from the concurrencee.g. Gaines v. Wardynski“In short, though Hayes was not the mastermind behind the violation of constitutional rights that occurred here, he must take responsibility for his actions, and may be held accountable in a court of law. Had he taken even a moment to consider the clearly established law of this circuit, he would not have followed the lead of the other officers in entering O’Rourke’s office.”
1 later decision quote this exact passage · from the concurrencee.g. McInerney v. King
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.