Kovacic v. Villarreal’s Empirical Analysis

Citation profile

30 federal appellate ·

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

1. “This means that the district court's finding that a genuine factual dispute exists is a factual determination that this court is prohibited from reviewing in this interlocutory appeal. But the district court's determination that a particular dispute is material is a reviewable legal determination. Thus, a defendant challenging the denial of a motion for summary judgment on the basis of qualified immunity must be prepared to concede the best view of the facts to the plaintiff and discuss only the legal issues raised by the appeal.”

   3 later decisions quote this exact passage · from the majority
   e.g. Wyatt v. Fletcher · Dean v. Phatak

2. “the rule against state liability for violence committed by private actors in situations where the state actor played an affirmative role in creating or exacerbating a dangerous situation that led to the individual's injury.”

   2 later decisions quote this exact passage · from the majority
   e.g. Keller v. Fleming · Eleanor Keller v. Attala County

3. “Once a defendant invokes qualified immunity, the burden shifts to the plaintiff to show that the defense is not available.”

   1 later decision quote this exact passage · from the majority
   e.g. Garza v. Escobar