Wilkins v. Dereyes’s Empirical Analysis
528 F.3d 790 · 2008
Citation profile
26 federal appellate · 16 district · 4 state decisions
How this case has been cited
Cited by 72 later decisions (1 by the Supreme Court) — most recently February 2023 · most notably Manuel v. City of Joliet (2017), Sykes v. Anderson (2010)
26 federal appellate · 16 district · 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
Relies on Harlow v. Fitzgerald · Anderson v. Creighton · Mitchell v. Forsyth · Franks v. Delaware · Heck v. Humphrey
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the defendant caused the plaintiffs continued confinement or prosecution; (2) the original action terminated in favor of the plaintiff; (3) no probable cause supported the original arrest, continued confinement, or prosecution; (4) the defendant acted with malice; and (5) the plaintiff sustained damages.”
8 later decisions quote this exact passage · from the majority“[FJalse imprisonment consists of detention without legal process[.] [Therefore,] a false imprisonment ends once the victim becomes held pursuant to such process— when, for example, he is bound over by a magistrate or arraigned on charges. Thereafter, unlawful detention forms part of the damages for the "entirely distinct" tort of malicious prosecution, which remedies detention accompanied, not by absence of legal process, but by wrongful institution of legal process.”
3 later decisions quote this exact passage · from the majority“look to the stated reasons for the dismissal as well as to the circumstances surrounding it in an attempt to determine whether the dismissal indicates the accused's innocence.”
2 later decisions 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.