Kesinger v. Herrington’s Empirical Analysis
381 F.3d 1243 · 2004
Citation profile
32 federal appellate · 1 state decisions
How this case has been cited
Cited by 95 later decisions — most recently August 2023 · most notably Crosby v. Monroe County (2004), Mercado v. City of Orlando (2005)
32 federal appellate · 1 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 Anderson v. Liberty Lobby, Inc. · Terry v. Ohio · Harlow v. Fitzgerald · Anderson v. Creighton · 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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] mere scintilla of evidence in support of the non-moving party's position is insufficient to defeat a motion for summary judgment.”
4 later decisions quote this exact passage · from the majority“from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight,”
4 later decisions quote this exact passage · from the majority“A party may show that the law was clearly established, first by pointing to a materially similar case that has already decided that what the police officer was doing was unlawful. A party may also demonstrate the existence of clearly established law when the words of the pertinent federal statute or federal constitutional provision are specific enough to establish clearly the law applicable to particular conduct and circumstances and to overcome qualified immunity, even in the total absence of case law.”
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.