Thomas v. Durastanti’s Empirical Analysis

Citation profile

14 federal appellate · 10 district ·

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

1. “As we discuss below, Agent Durastanti saw the trooper’s marked patrol car behind the Lincoln, its emergency lights, and Mr. Jones’ apparent compliance with the trooper’s directive that Mr. Jones get back into the Lincoln. A reasonable officer could certainly conclude that the Lincoln’s occupants had notice of police presence. Yet, the driver was pulling away from a traffic stop. In the process, the driver was advancing toward Agent Durastanti placing him in harm’s way. No one argues that the driver was about to yield to pedestrians. Even given a dispute about whether the Lincoln was accelerating, it goes without saying that an officer in close quarters is no match for a two-ton vehicle----Al- though Agent Durastanti’s reasonable perceptions are what matters, he had mere seconds to react, and his actions in firing the first couple of shots were reasonable, even if mistaken. An officer may be found to have acted reasonably even if he has a mistaken belief as to the facts establishing the existence of exigent circumstances.”

   1 later decision quote this exact passage
   e.g. Mata Ex Rel. J.A.M v. City of Farmington

2. “Holland is not factually analogous. In Holland, the police pointed firearms at children and held the children at gunpoint after the officers had gained complete control of the situation. 268 F.3d at 1193 . Here, in contrast, there was a rapidly developing situation and the officers clearly did not have complete control of the events that were unfolding. While Holland clearly states that the display of weapons should be predicated on a perceived risk of danger based on what an officer knows at the time, none of the risks or concerns identified by Agent Durastanti had been obviated when his weapon was displayed. Holland simply does not clearly establish that an officer may not draw his weapon when there is a rapidly developing situation with a traffic stop and the officers’ concerns have not been obviated.”

   1 later decision quote this exact passage
   e.g. Mata Ex Rel. J.A.M v. City of Farmington

3. “When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.”) (other citations omitted)). Mata did not submit the portions of Mata's deposition on which he relies, and, even if he did, the dashcam videos clearly show the events as the Officer Defendants depict them. Although Mata also relies on the Mata Videotape to create an issue of fact, and although the Mata Videotape depicts a person stating”

   1 later decision quote this exact passage
   e.g. Mata Ex Rel. J.A.M v. City of Farmington