Bates v. Westervelt’s Empirical Analysis
1980
Citation profile
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 · Rizzo v. Goode · Owen v. City of Independence · Johnson v. Glick · Erickson v. United States
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Not every tort creates a § 1983 claim for remedy. While an assault by a law enforcement officer upon an inmate may be a serious deprivation of that inmate’s rights, it is necessary to determine if there was a need for the use of force, the amount of force used, and the extent of injury. Johnson v. Glick, 481 F.2d 1028 (2d Cir.), cert. denied, 414 U.S. 1033 , 94 S.Ct. 462 , 38 L.Ed.2d 324 (1973). Plaintiff has offered no evidence as to the extent or existence of any injury he received from Officer West-ervelt. Neither side has alleged any circumstances which would have required the use of force against plaintiff. However, applying the standard of Johnson , it does not appear that Officer Westervelt’s conduct “crossed the constitutional line” so as to have deprived plaintiff of his constitutional rights. Fowler v. Vincent, 452 F.Supp. 449 (S.D.N.Y.1978).”
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.