Morris v. Noe’s Empirical Analysis

Citation profile

32 federal appellate · 18 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 101 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Because the existence of excessive force is a fact-specific inquiry ..., ‘there will almost never be a previously published opinion involving exactly the same circumstances.’” Casey [v. City of Fed. Heights], 509 F.3d [1278] at 1284 [ (10th Cir.2007) ]. Thus, we have adopted a sliding scale: “The more obviously egregious the conduct in light of prevailing constitutional principles, the less specificity is required from prior case law to clearly establish the violation.” Pierce v. Gilchrist, 359 F.3d 1279, 1298 (10th Cir. 2004). In fact, we do not always require case law on point. “[W]hen an officer’s violation of the Fourth Amendment is particularly clear from Graham itself, we do not require a second decision with greater specificity to clearly establish the law.” Casey, 509 F.3d at 1284.”

   2 later decisions quote this exact passage · from the majority
   e.g. Becker v. Bateman · 165 F. Supp. 3d 1089 - Maher ex rel. Estate of Maher v. Oklahoma ex rel. Tourism & Recreation Department

2. “Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to be as the plaintiff maintains.”

   2 later decisions quote this exact passage · from the majority
   e.g. Becker v. Bateman · French v. City of Casey

3. “(1) the severity of the crime at issue, (2) whether the suspect pose[d] an immediate threat to the safety of the officers or others, and (3) whether he [was] ... actively resisting arrest or attempting to flee.”

   2 later decisions quote this exact passage · from the majority
   e.g. 59 F. Supp. 3d 1369 - Morris ex rel. Estate of Morris v. Humphrey · 545 F. App'x 757 - Long v. Fulmer