McKee’s Empirical Analysis
Citation profile
58
cited by 58 later decisions
November 2018
most recently cited
10 district ·
Relationships
Relies on Anderson v. Creighton · Mitchell v. Forsyth · Duncan v. Walker · SAUCIER v. KATZ Et Al. · Rankin v. McPherson
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Determining whether a state actor is entitled to the affirmative defense of qualified immunity generally involves two inquiries: (1) do the facts alleged show that a state actor violated a constitutional right, and (2) was the constitutional right clearly established so that a reasonable person would know that the conduct was unlawful? A right is clearly established if there is “sufficient precedent at the time of the action ... to put [the] defendant on notice that his or her conduct is constitutionally prohibited. Courts are accorded ‘discretion in deciding which of the two prongs of the qualified immunity analysis should be address first in light of the circumstances in the particular case at hand.’ ””
3 later decisions quote this exact passage · from the majority“need not be great in order to be actionable, but it must be more than de minimis .”
2 later decisions quote this exact passage · from the majority“the key question in determining whether a cognizable First Amendment claim has been stated is whether the alleged retaliatory conduct was sufficient to deter a person of ordinary firmness from exercising his First Amendment rights.... The effect of the alleged conduct on the employee’s freedom of speech need not be great in order to be actionable, but it must be more than de minimis.”
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.