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← 494 F.3d 904 - Becker v. Kroll

Becker v. Kroll’s Empirical Analysis

494 F.3d 904 · 2007

Citation profile

132
cited by 132 later decisions
7
states following
May 2024
most recently cited

45 federal appellate · 15 district · 8 state decisions

How this case has been cited

Cited by 132 later decisions — most recently May 2024 · most notably Smith v. United States (2009), Thomson v. Salt Lake County (2009)

45 federal appellate · 15 district · 8 state decisions

810200720102020decided

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 Brady v. State of Maryland · Mathews v. Eldridge · Graham v. Connor · United States v. Bagley · Parratt v. Taylor

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

  1. “(1) that she was engaged in a constitutionally protected activity; (2) that a defendant’s action caused her to suffer an injury that would chill a person of ordinary firmness from continuing to engage in that activity; and (3) that a defendant’s action was substantially motivated as a response to her exercise of her First Amendment speech rights.”
    6 later decisions quote this exact passage · from the concurrence
  2. “[a]n issue or argument insufficiently raised in the opening brief is deemed waived,”
    3 later decisions quote this exact passage · from the concurrence
  3. “A prosecutor’s charging decisions are absolutely immune from civil suit for monetary damages. Hartman v. Moore, 547 U.S. 250 , 126 S.Ct. 1695 , 164 L.Ed.2d 441 (2006) (citing Imbler v. Pachtman, 424 U.S. 409, 431 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976)); see also Mink v. Suthers, 482 F.3d 1244, 1258-59 (10th Cir.2007). Immunity extends to those activities “intimately associated with the judicial phase of the criminal process,” which undoubtedly includes initiating criminal proceedings. Imbler v. Pachtman, 424 U.S. 409, 430 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976). This immunity applies even if the prosecutor files charges knowing he lacks probable cause. See id. at 431 n. 34, 96 S.Ct. 984 (applying immunity even when prosecutor deliberately withholds exculpatory information from the court).”
    2 later decisions quote this exact passage · from the concurrence

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.