Fogarty v. Gallegos’s Empirical Analysis

Citation profile

49 federal appellate · 29 district ·

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

1. “Any official who ‘causes’ a citizen to be deprived of [his] constitutional rights can also be held liable. The requisite causal connection is satisfied if the defendant set in motion a series of events that the defendant knew or reasonably should have known would cause others to deprive the plaintiff of [his] constitutional rights.”

   2 later decisions quote this exact passage · from the majority
   e.g. Buck v. City of Albuquerque · Farhat v. Bruner

2. “In the days leading up to the March 2003 invasion of Iraq, the area of downtown Albuquerque near the University of New Mexico (“UNM”) campus became home to several antiwar protests. Protest leaders planned a demonstration for March 20, 2003, the day after the United States invaded Iraq, and met beforehand with the APD to discuss logistics. The protest was to take place in part on UNM property, where protests were allowed on its campus without restriction under the university’s policy, but also on the city streets, where defendants claim that city and state law requires permits for large gatherings or marches. Although the protesters had not obtained a permit, APD coordinated with protest leaders and planned to close one lane of the street adjacent to the UNM bookstore, where the organizers planned to gather, if necessary. The exact nature and extent of APD’s acquiescence to the protest [are] disputed by the parties. Around 5:00 p.m. that evening, a crowd gathered on the UNM campus to express opposition to the war. [ ] Captain John Gonzales supervised the APD response, consisting of up to 75 officers and including SWAT teams, equine units, canine units, traffic officers, and a bomb squad. Later, John Gonzales also mobilized Emergency Response Teams (“ERTs”). Members of SWAT and ERT wore face-concealing gas masks, and ERT uniforms did not have any identifying marks such as the officers’ names or badge numbers. [Plaintiffs] allege[] that officers wearing standard uniforms concea”

   1 later decision quote this exact passage · from the majority
   e.g. 291 F. App'x 122 - Buck v. City of Albuquerque

3. “In this case, the claim that Conners became liable for use of excessive force by failing to intercede must be assessed separately with respect to the acts of Fiorillo and Krzeminski in striking O’Neill and the act of Krzeminski in dragging O’Neill across the floor by his throat. Even when the evidence is viewed in the light most favorable to the plaintiff, there is insufficient evidence to permit a jury reasonably to conclude that Conners’ failure to intercede was a proximate cause of the beating. The three blows were struck in such rapid succession that Conners had no realistic opportunity to attempt to prevent them. This was not an episode of sufficient duration to support a conclusion that an officer who stood by without trying to assist the victim became a tacit collaborator. With respect to the subsequent dragging of O’Neill across the floor, however, the case against Conners is adequate to create an issue of fact for the jury. Having seen the victim beaten, he was alerted to the need to protect O’Neill from further abuse. Though not a guarantor of O’Neill’s safety in the face of brutality administered by other officers, Conners can be found liable for deliberately choosing not to make a reasonable attempt to stop Krzeminski.”

   1 later decision quote this exact passage · from the majority
   e.g. Mata Ex Rel. J.A.M v. City of Farmington