Smith v. Mosley’s Empirical Analysis
532 F.3d 1270 · 2008
Citation profile
11 federal appellate · 7 district ·
How this case has been cited
Cited by 68 later decisions — most recently February 2024 · most notably Moton v. Cowart (2011), Turner v. Burnside (2008)
11 federal appellate · 7 district ·
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 Texas Department of Community Affairs v. Burdine · Mt. Healthy City School District Board of Education v. Doyle · Turner v. Safley · Pell v. Procunier · Cruz v. Beto
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[0]nce the plaintiff has met his burden of establishing that his protected conduct was a motivating factor behind any harm, the burden of production shifts to the defendant. If the defendant can show that he would have taken the same action in the absence of the protected activity, he is entitled to prevail on [his motion for judgment as a matter of law or prior to trial on] summary judgment.”
6 later decisions quote this exact passage · from the majority“Whether a reasonable jury could find that Smith's grievances were the motivating factor behind the defendants' actions is a close question.”
1 later decision quote this exact passage · from the majority“to petition the Government for a redress of grievances.”
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.