Browning v. Vernon’s Empirical Analysis
44 F.3d 818 · 1995
Citation profile
8 federal appellate · 5 district · 9 state decisions
How this case has been cited
Cited by 36 later decisions — most recently October 2012 · most notably Donnell Jeffers v. James Gomez Director California Department of Corrections (2001), Estate of Ford v. Ramirez-Palmer (2002)
8 federal appellate · 5 district · 9 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. § 1343 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Anderson v. Creighton · Hewitt v. Helms · Davis v. Scherer · Olim v. Wakinekona
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“requires a two-part inquiry: (1) Was the law governing the state official's conduct clearly established? (2) Under that law could a reasonable state official believe his conduct was lawful?”
5 later decisions quote this exact passage · from the majoritye.g. P.B., on Her Own Behalf and on Behalf of N.B., a Minor S.G., on Her Own Behalf and on Behalf of L.G., a Minor C.D., on Her Own Behalf and on Behalf of D.D. v. Alfred Koch, Principal of Preston High School, and Scott Beckstead Mary Jo Roberts George Wilcox Orson Bowler · Donnell Jeffers v. James Gomez Director California Department of Corrections“A public official is not entitled to qualified immunity when the contours of the allegedly violated right were sufficiently clear that a reasonable official would understand that what he [was] doing violate[d] that right.”
2 later decisions quote this exact passage · from the majoritye.g. P.B., on Her Own Behalf and on Behalf of N.B., a Minor S.G., on Her Own Behalf and on Behalf of L.G., a Minor C.D., on Her Own Behalf and on Behalf of D.D. v. Alfred Koch, Principal of Preston High School, and Scott Beckstead Mary Jo Roberts George Wilcox Orson Bowler · Pb Nb Sg Lg Cd Dd v. Koch“[I]t is not necessary that a prior decision rule 'the very action in question' unlawful to deny a defendant the protection of qualified immunity.”
2 later decisions quote this exact passage · from the majoritye.g. P.B., on Her Own Behalf and on Behalf of N.B., a Minor S.G., on Her Own Behalf and on Behalf of L.G., a Minor C.D., on Her Own Behalf and on Behalf of D.D. v. Alfred Koch, Principal of Preston High School, and Scott Beckstead Mary Jo Roberts George Wilcox Orson Bowler · Pb Nb Sg Lg Cd Dd v. Koch
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.