Emmett v. Johnson’s Empirical Analysis
532 F.3d 291 · 2008
Citation profile
10 federal appellate · 38 district · 2 state decisions
How this case has been cited
Cited by 123 later decisions — most recently November 2024 · most notably Raby v. Livingston (2010), Cooey v. Strickland (2009)
10 federal appellate · 38 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 Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Farmer v. Brennan · Bell v. Wolfish
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 123 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a party has submitted sufficient evidence to support its request for summary judgment, the burden shifts to the nonmoving party to show that there are genuine issues of material fact.”
4 later decisions quote this exact passage · from the majority“[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there by no genuine issue of material fact. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242 , 247-248, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). A”
2 later decisions quote this exact passage · from the majority“[WJhether Virginia's protocol is in fact substantially similar to the procedure upheld in Baze is the singular issue at hand. Although this legal determination is inextricably tied to complex factual issues that have never been addressed by the district court in light of Baze, the majority remarkably con-eludes that ‘Virginia’s protocol for lethal injection is substantially similar to that approved by the Supreme Court.’ Because I cannot condone usurping the district Court’s unique ability to make factual findings in the first instance, I must dissent.”) (original emphasis). Notably, Emmett was disposed of on a motion for summary judgment, rather than a motion to dismiss. 9 . It is not disputed that Pennsylvania uses the same three-drug protocol that Kentucky uses. (Def. Br. in Support, at 10 n. 9.) 10 . Notably, Chief Justice Roberts’s review of these factual findings came after he observed that it was "uncontested that, failing a proper dose of sodium thiopental that would render the prisoner unconscious, there is a substantial, constitutionally unacceptable risk of suffocation from the administration of pancuronium bromide and pain from the injection of potassium chloride.”
1 later decision quote this exact passage · from the dissent
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.