Green v. Post’s Empirical Analysis
574 F.3d 1294 · 2009
Citation profile
16 federal appellate · 6 district · 1 state decisions
How this case has been cited
Cited by 42 later decisions — most recently May 2024 · most notably Dodds v. Richardson (2010), Thomson v. Salt Lake County (2009)
16 federal appellate · 6 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 28 U.S.C. § 1441 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Pearson v. Callahan · Scott v. Harris · County of Sacramento v. Lewis · 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[P]oIice officers routinely drive at speeds in excess of the speed limit when responding to calls, and the fact that [Deputy] Leach lost control of his vehicle when responding to a call does not remove this case from the realm of ordinary negligence. The Court also notes that ... the accident occurred when [Deputy] Leach lost control of his vehicle while trying to avoid colliding with another vehicle. This suggests that [Deputy] Leach was actively trying to avoid causing harm to others and that the accident resulted from an unintended loss of control over his vehicle. This tends to negate any inference that [Deputy] Leach’s actions were so “egregious or outrageous to the extent that it shocks the judicial conscience.””
1 later decision quote this exact passage · from the majoritye.g. Burgin v. Leach“conduct a proper qualified immunity inquiry.” In Green v. Post, 574 F.3d 1294 , 1305 n. 10 (10th Cir.2009), we said, “In determining whether the law was clearly established, we have held that we may not rely upon unpublished decisions.” We cited for this proposition Medina v. City & Cnty. of Denver, 960 F.2d 1493 , 1498-99 (10th Cir. 1992) overruled on other grounds by Cnty. of Sacramento v. Lewis, 523 U.S. 833 , 118 S.Ct. 1708 , 140 L.Ed.2d 1043 (1998). In Medina, we said,”
1 later decision quote this exact passage · from the majoritye.g. Morris v. Noe“there are many permutations on the theme of police pursuits; while most involve high speeds, there are many variables, including whether the officer is responding to an emergency or not, whether he or she is directly pursuing a fleeing suspect or not, and, significantly under Lewis and cases interpreting it, whether the officer has time for actual deliberation.”
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.