Terrell v. Smith’s Empirical Analysis
668 F.3d 1244 · 2012
Citation profile
14 federal appellate · 1 district · 1 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Anderson v. Creighton · Graham v. Connor · Pearson v. Callahan · Scott v. Harris
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“by looking to the law as interpreted at the time by the United States Supreme Court, the Eleventh Circuit, or the relevant State Supreme Court.”
3 later decisions quote this exact passage · from the majority“(1) “has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others” or “that he has committed a crime involving the infliction or threatened infliction of serious physical harm;” (2) reasonably believes that the use of deadly force was necessary to prevent escape; and (3) has given some warning about the possible use of deadly force, if feasible.”
2 later decisions quote this exact passage · from the majority“To do so, [Plaintiff] must meet the two-part standard recently reaffirmed by the Supreme Court [of the United States] in Pearson v. Callahan, 555 U.S. 223 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009). First, [Plaintiff] must allege facts that establish that the officer violated [Ritch’s] constitutional rights; and second, [Plaintiff] must also show that the right involved was “clearly established” at the time of the putative misconduct. See id. at 232 , 129 S.Ct. 808 This inquiry is “undertaken in light of the specific context of the case, not as a broad general proposition.” Lee [v. Ferraro, 284 F.3d 1188, 1194 (11th Cir.2002) ]. In Pearson , the Supreme Court concluded that a court may assess these factors in any order. 555 U.S. at 236 , 129 S.Ct. 808 ....”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.