Gilker v. Baker’s Empirical Analysis
576 F.2d 245 · 1978
Citation profile
17 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 42 later decisions (1 by the Supreme Court) — most recently August 2016 · most notably Gomez v. Toledo (1980), Smiddy v. Varney (1981)
17 federal appellate · 4 district · 3 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))
Relies on Wood v. Strickland · O'Connor v. Donaldson · Procunier v. Navarette · Barrett v. United States · Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics
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.
“if reasonable persons might reach different conclusions about the facts, the establishment of those facts is for the jury, and the existence of probable cause is likewise for the jury, upon a proper instruction about the law.”
2 later decisions quote this exact passage · from the majoritye.g. Smiddy v. Varney · Bilbrey v. Brown“To prevail [in a section 1983 action based upon illegal arrest], such a plaintiff must show that the arrest was without warrant or other justification.”
1 later decision quote this exact passage · from the majoritye.g. Crowder v. Sinyard“Once a warrantless arrest is established, the burden of going forward with the evidence passes to the defendant[s].”
1 later decision quote this exact passage · from the majoritye.g. Kaza v. Allen
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.