McKenney v. Harrison’s Empirical Analysis

Citation profile

25 federal appellate · 9 district · 2 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “was required to react in a split second as [the suspect] sought to escape through a window only six to eight feet away,” and”

   2 later decisions quote this exact passage · from the majority
   e.g. Henry v. Purnell · Russell v. Wright

2. “While I concur in the opinion of the court, I believe that law enforcement use of tasers merits further reflection. This case illustrates one kind of tragic result that can follow the employment of a taser. The developing law on taser use must consider the unique nature of this type of weapon and the increased potential for possibly lethal results created by newer models. Our cases have reacted to a variety of circumstances where tasers have been used, and they sometimes reflect unexpected consequences. In Mahamed v. Anderson, 612 F.3d 1084 , 1086 (8th Cir.2010), for example, a jailer used a taser on a screaming inmate lying on the floor of his own locked cell. The taser probes lodged in the inmate’s testicle and hand, assertedly causing long term impotence, incontinence, and nerve damage. Qualified immunity was denied the jailer in that case. Id. at 1087 . An officer who tased a woman refusing to leave her car during a traffic stop was also denied qualified immunity. Brown v. City of Golden Valley, 574 F.3d 491 , 499-500 (8th Cir.2009). A panel majority granted summary judgment in Cook v. City of Bella Villa, 582 F.3d 840 , 849 (8th Cir.2009), to an officer who had tased an angry man approaching him while he was trying to arrest the man’s wife. Judge Shepherd dissented after concluding that it was unreasonable to “discharge [a] Taser simply because of insolence,” especially given the tremendous pain tasers cause. Id. at 859-60 . In deciding claims of excessive force, we bala”

   1 later decision quote this exact passage · from the concurrence
   e.g. Henry v. Purnell

3. “The officers found the house in disrepair, with an unkempt yard and a fence that was incomplete and falling apart. There were no vehicles parked in the driveway. No one responded when the officers knocked on the front door, and the back door was open three or four inches. Through the open door, the officers could see into the kitchen, where the cabinets were open and empty, the refrigerator was open, empty, and pulled away from the wall, and there was no furniture or personal effects. There were no lights on, sounds from appliances, or other indications that the house had electrical power. In light of these facts, it was reasonable for Harri son and Pollreis to conclude that the house was abandoned.”

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