Bressi v. Ford’s Empirical Analysis
575 F.3d 891 · 2009
Citation profile
2 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 11 later decisions — most recently January 2020
2 federal appellate · 1 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 18 U.S.C. § 1151 (Indian Crimes Act of 1976) · 25 U.S.C. § 1301 (§ 201 of the Indian Civil Rights Act of 1968) · 25 U.S.C. § 1302 (§ 202 of the Indian Civil Rights Act of 1968) · 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Delaware v. Prouse · Duncan v. Walker · SAUCIER v. KATZ Et Al. · Lugar v. Edmondson Oil Co.
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“These actions established, beyond any dispute of fact, that the roadblock functioned not merely as a tribal exercise, but also as an instrument for the enforcement of state law. We emphasize function, rather than intent, because function is a more readily ascertainable guide to conduct and furnishes a more practical rule for determining whether a roadblock is operated (at least in part) under color of state law.”
1 later decision quote this exact passage · from the majority“a roadblock on a public right-of-way within tribal territory, established on tribal authority, is permissible only to the extent that the suspicionless stop of non-Indians is limited to the amount of time, and nature of inquiry, that can establish whether or not they are Indians.”
1 later decision quote this exact passage · from the majoritye.g. U.S. v. Cooley“to permit tribal officers to exercise their legitimate tribal authority, ... it has been held not to violate a non-Indian's rights when tribal officers stop him or her long enough to ascertain that he or she is, in fact, not an Indian.”
1 later decision quote this exact passage · from the majoritye.g. State v. Thompson
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.