Black v. Parke’s Empirical Analysis
4 F.3d 442 · 1993
Citation profile
39 federal appellate · 4 state decisions
How this case has been cited
Cited by 85 later decisions — most recently February 2024 · most notably Hall v. Tollett (1997), Monday v. Oullette (1997)
39 federal appellate · 4 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
Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Harlow v. Fitzgerald · Anderson v. Creighton · Mitchell v. Forsyth
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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In inquiring whether a constitutional right is clearly established, we must 'look first to decisions of the Supreme Court, then to decisions of this court and other courts within our circuit, and finally to decisions of other circuits.'”
3 later decisions quote this exact passage · from the majoritye.g. Giovanetti Dds · Mackey v. Dyke“[O]ur cases establish that the right the official is alleged to have violated must have been “clearly established” in a more particularized, and hence more relevant, sense: The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful; but it is to say that in the light of preexisting law the unlawfulness must be apparent.”
2 later decisions quote this exact passage · from the majority“it constitutes more than a simple procedural guideline and uses “language 'of an unmistakably mandatory character, requiring that, certain procedures ‘shall,’ ‘will,’ or ‘must’ be employed'..: ■ and that [the use of chemical agents] will not occur absent specified substantive predicates — viz., ‘the need for control’ or ‘the threat of a serious disturbance.’””
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.