Bush v. Strain’s Empirical Analysis
513 F.3d 492 · 2008
Citation profile
29 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 111 later decisions — most recently June 2025 · most notably Deville v. Marcantel (2009), Lytle v. Bexar County (2009)
29 federal appellate · 1 district · 2 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 Harlow v. Fitzgerald · Graham v. Connor · Heck v. Humphrey · Scott v. Harris · Duncan v. Walker
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 111 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Courts must judge the reasonableness of an officer’s conduct by taking into account the “ ‘tense, uncertain, and rapidly evolving’” circumstances in which officers must often “ ‘make split-second judgments ... about the amount of force that is necessary in a particular situation.’ ” From this “on-scene perspective” rather than the “ ‘20/20 vision of hindsight,’ ” courts should examine the objective reasonableness of an officer’s belief that a certain degree of force was lawful under the circumstances.”
2 later decisions quote this exact passage · from the majority“the permissible degree of force depends on the severity of'the crime at issue, whether the suspect posed a threat to the officer’s safety, and whether the suspect was resisting arrest or attempting to flee,” and consequently that the officer”
2 later decisions quote this exact passage · from the majority“The objective reasonableness of the force, in turn, depends on the facts and circumstances of the particular case, such that the need for force determines how much force is constitutionally permissible. Specifically, the court should consider “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.”
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.