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← 415 FSUPP 335 - Bur v. Gilbert

Bur v. Gilbert’s Empirical Analysis

1976

Citation profile

8
cited by 8 later decisions
1
states following
July 1995
most recently cited

1 district · 1 state decisions

How this case has been cited

Cited by 8 later decisions — most recently July 1995

1 district · 1 state decisions

60197619801990decided

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

Relies on United States v. Robinson · Rizzo v. Goode · Eisenstadt v. Baker · Gustafson v. Florida · Kelsey-Hayes Co. v. Dunlop Co.

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

  1. “[T]he Court will assume, without finding, that the plaintiff was handled discourteously and that the use of handcuffs in this situation was unnecessary. The fact remains, however, that the use of such minimal force is not uncommon or unusual in the course of an arrest. For the Constitution to be violated, the force used must be excessive. While the law does not require that serious or permanent injuries result, the law does require that the force used be more than the mere technical “battery” that is inextricably a part of any arrest[.]”
    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.