Brooks v. Gaenzle’s Empirical Analysis

Citation profile

7 federal appellate · 23 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e have generally held a federal conspiracy action brought under either of these statutes requires at least a combination of two or more persons acting in concert and an allegation of a meeting of the minds, an agreement among the defendants, or a general conspiratorial objective. In addition, while we have said allegations of a conspiracy may form the basis of a § 1983 claim, we have also held “a plaintiff must allege specific facts showing an agreement and concerted action amongst the defendants” because “[cjonclusory allegations of conspiracy are insufficient to state a valid § 1983 claim.””

   1 later decision quote this exact passage · from the majority
   e.g. 3 F. Supp. 3d 1170 - Jones v. Norton

2. “In an action under section 1983, individual defendants are entitled to qualified immunity unless it is demonstrated that their alleged conduct violated clearly established constitutional rights of which a reasonable person in their positions would have known. Once a defendant has raised qualified immunity as an affirmative defense, the plaintiff bears the heavy two-part burden of demonstrating that (1) the defendant violated a constitutional right and (2) the constitutional right was clearly established at the time of the alleged conduct.”

   1 later decision quote this exact passage · from the majority
   e.g. Conner v. Rodriguez

3. “a ‘seizure’ occurs only when a fleeing person is physically touched by police or when he or she submits to a show of authority by police”) (quotations omitted). Mr, Roberson was therefore not seized by physical force. 10 .The dissent mistakenly equates the opinion's assuming there was a show of authority with ignoring its, nature. See Dissent at 1135. But the analysis here considers how the officers showed their authority and how Mr. Roberson responded. 11 . Although' Mr. Roberson argues there was no reasonable suspicion from the”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Roberson