Evans v. Poskon’s Empirical Analysis

Citation profile

18 federal appellate · 1 district · 1 state decisions

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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[m]any claims that concern how police conduct searches or arrests are compatible with a conviction.”). Here, Defendant did not even arrest Morris for the”

   2 later decisions quote this exact passage
   e.g. Morris v. Noe · Mordi v. Zeigler

2. “a fourth-amendment claim can coexist [that is, without violating the Heck principle] with a valid conviction. [Evans] contends three things: (1) that he did not resist being taken into custody; (2) that the police used excessive force to effect custody; and (3) that the police beat him severely even after reducing him to custody. (Evans says that his skull was fractured and his face mangled, leading to three surgeries and bone grafts. He also contends that his vision has been permanently impaired. These are not normal consequences of arrest.) Proposition (1) is incompatible with his conviction; any . proceedings based on this contention must be stayed or dismissed under Wallace {v. Kato ] or Heck. But propositions (2) and (3) are entirely consistent with a conviction for resisting arrest. See Gilbert v. Cook, 512 F.3d 899 (7th Cir.2008); VanGilder v. Baker, 435 F.3d 689 , 692 (7th Cir. 2006); Dyer v. Lee, 488 F.3d 876 , 881 (11th Cir.2007) (collecting similar decisions in other circuits). These aspects of the suit can proceed.”

   1 later decision quote this exact passage
   e.g. Hill v. Murphy

3. “[E]xcessive force in making an arrest or seizure is not a basis for the exclusion of evidence.”

   1 later decision quote this exact passage
   e.g. 346 Wis. 2d 603 - State v. Herr