Hoover v. Walsh’s Empirical Analysis
682 F.3d 481 · 2012
Citation profile
5 federal appellate ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Anderson v. Liberty Lobby, Inc. · Terry v. Ohio · United States v. Olano · Pearson v. Callahan · Florida v. Royer
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An arrest ... is constitutionally problematic only in the absence of probable cause. Probable cause to make an arrest exists if the facts and circumstances within the arresting officer’s knowledge were sufficient to warrant a prudent man in believing that the arrestee had committed or was committing an offense. We have defined probable cause as reasonable grounds for belief, supported by less than prima facie proof but more than mere suspicion.”
2 later decisions quote this exact passage · from the majority“[T]he doctrine of qualified immunity shields certain government officials, including police officers, from civil liability in certain circumstances. To determine whether qualified immunity applies, we engage in a two-step inquiry, determining “(1) whether, considering the allegations in a light most favorable to the party injured, a constitutional right has been violated, and (2) whether that right was clearly established.” We may address these prongs in either order; indeed, either one may be dispositive. Once the defense of qualified immunity has been raised, it is the plaintiffs burden to demonstrate that the defendants cannot avail themselves of it.”
1 later decision quote this exact passage · from the majority“The inquiry is an objective one; the existence of probable cause depends upon the reasonable conclusion to be drawn from the facts known to the arresting officer at the time of the arrest regardless of the arresting officer's subjective state of mind.”
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.