Porter v. Osborn’s Empirical Analysis
546 F.3d 1131 · 2008
Citation profile
18 federal appellate · 5 district · 2 state decisions
How this case has been cited
Cited by 86 later decisions — most recently June 2025 · most notably Wilkinson v. Torres (2010), Lemire v. California Department of Corrections & Rehabilitation (2013)
18 federal appellate · 5 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 Scott v. Harris · County of Sacramento v. Lewis · Rochin v. People of California · Duncan v. Walker · SAUCIER v. KATZ Et Al.
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“distinction between situations that evolve in a time frame that permits the officer to deliberate before acting and those that escalate so quickly that the officer must make a snap judgment”
2 later decisions quote this exact passage · from the majority“severe and sudden escalation of the situation: where [Decedent's] only violation was non-compliance, [officer's] extraordinary response was to fire five shots[,]”
2 later decisions quote this exact passage · from the concurrence“critical consideration [is] whether the circumstances are such that actual deliberation is practical.”
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.