Bergeron v. Cabral’s Empirical Analysis
560 F.3d 1 · 2009
Citation profile
14 federal appellate · 34 district · 1 state decisions
How this case has been cited
Cited by 57 later decisions — most recently February 2025 · most notably Maldonado v. Fontanes (2009), Rodríguez-García v. Miranda-Marín (2010)
14 federal appellate · 34 district · 1 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)) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964)
Relies on Harlow v. Fitzgerald · Anderson v. Creighton · Mitchell v. Forsyth · Pearson v. Callahan · Elrod v. Burns
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We use a three-part test to determine whether an official is entitled to qualified immunity, following the guidance provided by the Supreme Court. The threshold inquiry is whether the plaintiffs allegations, if true, establish a constitutional violation. The second question is whether the right was clearly established at the time of the alleged violation. That inquiry is necessary because officers should be on notice that their conduct is unlawful before they are subject to suit. The third is whether a reasonable officer, similarly situated, would understand that the challenged conduct violated that established right.”
2 later decisions quote this exact passage · from the majority“The term 'adverse employment action' arose in the Title VII context as a shorthand for the statutory requirement that a plaintiff show an alteration in the material terms or conditions of his employment.”
1 later decision quote this exact passage · from the majority“[T]he 'adverse employment action' inquiry in the section 1983 context focuses on whether an employer's acts, viewed objectively, place substantial pressure on the employee's political views.”
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.