Fogel v. Collins’s Empirical Analysis
531 F.3d 824 · 2008
Citation profile
14 federal appellate · 6 district · 13 state decisions
How this case has been cited
Cited by 49 later decisions — most recently June 2024 · most notably Corales v. Bennett (2009), United States v. Parr (2008)
14 federal appellate · 6 district · 13 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 Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · Anderson v. Creighton · New York Times Co. v. Sullivan · Malley v. Briggs
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“deliberate choice to follow a course of action...made from among various alternatives by the official or officials responsible for establishing final policy with respect to the subject matter in question.”
3 later decisions quote this exact passage · from the majority“For a legal principle to be clearly established, it is not necessary that “the very action in question has previously been held unlawful.” Rather, a clearly-established right exists if “in the light of preexisting law the unlawfulness [is] apparent.” In other words, there must be some parallel or comparable factual pattern to alert an officer that a series of actions would violate an existing constitutional right, but the facts of already decided cases do not have to match precisely the facts with which an officer is confronted. The matching of fact patterns demands only a level of particularity such “ ‘that a reasonable official would understand that what he is doing violates th[e] right.’” “[I]f officers of reasonable competence could disagree on [the] issue, immunity should be recognized.””
2 later decisions quote this exact passage · from the majority“Deciding whether political speech is protected political hyperbole or an unprotected true threat can be an issue for a jury, particularly in cases of criminal prosecution.”
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.