Bryan v. MacPherson’s Empirical Analysis

Citation profile

3 federal appellate · 1 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Did you move your feet in any way?” Bryan answered, "I don't think so.” There are, however, any number of ways one can move one's feet without taking a "step.” Because Bryan specifically denied taking a step when expressly asked, we find a genuine issue exists as to this fact. 9 . Officer MacPherson's deposition testimony only bolsters this conclusion. He testified that Bryan fell "faced forward” onto the pavement while Bryan similarly testified that he fell straight forward. 10 . Officer MacPherson testified in his deposition that the intersection where he tasered Bryan does not have a lot of traffic on it early on Sunday mornings and that he did not remember the presence of any traffic on the specific morning in question. Other than Bryan, his younger brother, and Officer MacPherson, the record indicates that the only individuals near the scene were an individual playing tennis nearby and a jogger located across the street. Their declarations indicate that they were fifty to seventy-five feet and forty feet away, respectively. 11 . Cal. Veh.Code § 2800(a) (making it a misdemeanor to willfully fail or refuse to comply with an order of a peace officer); Cal. Health & Safety Code § 11550 (making it unlawful to "use, or be under the influence of any controlled substance”

   1 later decision quote this exact passage · from the majority
   e.g. Bryan v. MacPherson

2. “The problems posed by, and thus the tactics to be employed against, an unarmed, emotionally distraught individual who is creating a disturbance or resisting arrest are ordinarily different from those involved in law enforcement efforts to subdue an armed and dangerous criminal who has recently committed a serious offense. In the former instance, increasing the use of force may, in some circumstances at least, exacerbate the situation.... We do not adopt a per se rule establishing two different classifications of suspects ... [but] we emphasize that where it is or should be apparent to the officers that the individual involved is emotionally disturbed, that is a factor that must be considered in determining, under Graham , the reasonableness of the force employed.”

   1 later decision quote this exact passage · from the majority
   e.g. 737 F. Supp. 2d 1047 - Burns v. City of Redwood City

3. “The X26 uses compressed nitrogen to propel a pair of "probes” — aluminum darts tipped with stainless steel barbs connected to the X26 by insulated wires — toward the target at a rate of over 160 feet per second. Upon striking a person, the X26 delivers a 1200 volt, low ampere electrical charge through the wires and probes and into his muscles. The impact is as powerful as it is swift. The electrical impulse instantly overrides the victim's central nervous system, paralyzing the muscles throughout the body, rendering the target limp and helpless. The tasered person also experiences an excruciating pain that radiates throughout the body.”

   1 later decision quote this exact passage · from the majority
   e.g. 729 F. Supp. 2d 925 - Gill v. Kovach