Acierno v. Cloutier’s Empirical Analysis
40 F.3d 597 · 1994
Citation profile
53 federal appellate · 21 district · 8 state decisions
How this case has been cited
Cited by 150 later decisions — most recently May 2022 · most notably Sharrar v. Felsing (1997), Darryl Leon Rouse v. William Plantier Acting Superintendent of Adtc (1999)
53 federal appellate · 21 district · 8 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 · 28 U.S.C. § 1331 · 28 U.S.C. § 1367 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Board of Regents of State Colleges v. Roth · Anderson v. Creighton · Cohen v. Beneficial Industrial Loan Corp. · 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 150 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
5 later decisions quote this exact passage · from the majority“The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”
5 later decisions quote this exact passage · from the majority“(1) the action must be `substantively' legislative, which requires that it involve a policymaking or line-drawing decision; and (2) the action must be `procedurally' legislative, which requires that it be undertaken through established legislative procedures.”
3 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.