Moore v. Hartman’s Empirical Analysis
571 F.3d 62 · 2009
Citation profile
6 federal appellate · 177 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 2671
Relies on Anderson v. Liberty Lobby, Inc. · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · First Nat. Bank of Ariz. v. Cities Service Co. · Gerstein v. Pugh
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 199 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“do more than simply show that there is some metaphysical doubt as to the material facts.”
12 later decisions quote this exact passage“If material facts are at issue, or though undisputed, are susceptible to divergent inferences, summary judgment is not available.”
7 later decisions quote this exact passage“[Sjeveral of our sister circuits have held that a grand jury indictment is prima facie evidence of probable cause which may be rebutted. See, e.g., White v. Frank, 855 F.2d 956, 961-62 (2d Cir.1988) (“[Tjhough an indictment by a grand jury is generally considered prima facie evidence of probable cause in a subsequent civil action for malicious prosecution, this presumption may be rebutted by proof that the defendant misrepresented, withheld, or falsified evidence.”); see also Gonzalez Rucci v. INS, 405 F.3d 45, 49 (1st Cir.2005) (generally an indictment establishes probable cause, but there is an exception if law enforcement officers knowingly presented false testimony to the grand jury); Rothstein v. Carriere, 373 F.3d 275, 282-83 (2d Cir.2004) (grand jury indictment creates presumption of probable cause; may be rebutted if plaintiff “establish[es] that the indictment was produced by fraud, perjury, the suppression of evidence or other police misconduct undertaken in bad faith”); Riley v. City of Montgomery, Alabama, 104 F.3d 1247, 1254 (11th Cir.1997) (“[A]n indictment is prima facie evidence of probable cause which can be overcome by showing that it was induced by misconduct.”); Rose v. Bartle, 871 F.2d 331, 353 (3d Cir.1989) (grand jury indictment “constitutes prima facie evidence of probable cause to prosecute, but ... may be rebutted by evidence that the presentment was procured by fraud, perjury or other corrupt means”); Hand v. Gary, 838 F.2d 1420, 1426 (5th Cir.1988)”
2 later decisions quote this exact passage
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.