Kohler v. Englade’s Empirical Analysis
470 F.3d 1104 · 2006
Citation profile
9 federal appellate · 4 state decisions
How this case has been cited
Cited by 56 later decisions — most recently May 2025 · most notably Gates v. Texas Deparment of Protective & Regulatory Services (2008), Mullins v. Testamerica, Inc. (2009)
9 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Monell v. Department of Social Services of City of New York · Illinois v. Gates · United States v. Leon · Franks v. Delaware · Malley v. Briggs
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a plaintiff cannot hold an officer liable under Franks for intentionally omitting important exculpatory information from a warrant affidavit when the officer has also committed a Malley violation by presenting a facially deficient warrant affidavit to the issuing judge.”
1 later decision quote this exact passage · from the majoritye.g. Blake v. Lambert“To determine whether facts omitted from a warrant affidavit are material to the determination of probable cause, courts ordinarily insert the omitted facts into the affidavit and ask whether the reconstructed affidavit would still support a finding of probable cause.”
1 later decision quote this exact passage · from the majoritye.g. Marks v. Hudson“Although we accord great deference to a magistrate's determination of probable cause, we will not 'defer to a warrant based on an affidavit that does not provide the magistrate with a substantial basis for determining the existence of probable cause.'”
1 later decision quote this exact passage · from the majoritye.g. Blake v. Lambert
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.