Fennell v. Gilstrap’s Empirical Analysis
559 F.3d 1212 · 2009
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 65 later decisions — most recently April 2021 · most notably T.W. v. School Board (2010), Walden v. Centers for Disease Control & Prevention (2012)
6 federal appellate ·
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 Pearson v. Callahan · Whitley v. Albers · Hudson v. McMillian · Skrtich v. Thornton · Hadley v. Gutierrez
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the extent of injury; (2) the need for application of force; (3) the relationship between that need and the amount of force used; (4) any efforts made to temper the severity of a forceful response; and (5) the extent of the threat to the safety of staff and inmates, as reasonably perceived by the responsible officials on the basis of facts known to them.”
3 later decisions quote this exact passage · from the majority“However, if the force is applied 'maliciously and sadistically to cause harm,' then it does 'shock the conscience,’ and is excessive under the Eighth or Fourteenth Amendments.” Id.; see also Cockrell v. Sparks, 510 F.3d 1307, 1311 (11th Cir.2007) (”
2 later decisions quote this exact passage · from the majority“use of force was both excessive and unnecessary, even if correct, does not answer the question of whether” deputy violated plaintiff's constitutional rights). 7 . In this memorandum, Deloach enacted a policy requiring that”
1 later decision quote this exact passage · from the majoritye.g. Johnson v. DELOACH
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.