Winslow v. Smith’s Empirical Analysis

Citation profile

16 federal appellate · 5 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established at the time of the defendant's alleged misconduct.”

   5 later decisions quote this exact passage · from the majority
   e.g. Burton v. St. Louis Board of Police Commissioners · Muir v. Decatur Cnty.

2. “evidence of systematic pressure to implicate the defendant in the face of contrary evidence.”

   2 later decisions quote this exact passage · from the majority
   e.g. Dean v. Searcey · Murphy v. City of Tulsa

3. ““A general constitutional rule already identified in the decisional law may apply with obvious clarity to-the specific conduct in question, even though the very action in question has not previously been held unlawful.’’' Shekleton [v. Eichenberger], 677 F.3d [361,] 367 [ (8th Cir. 2012)] (internal alteration marks omitted). “[T]he unlawfulness must merely be apparent in light of preexisting law, and officials can still be on notice that their conduct violates established law even in novel factual eircum-stances.” Nelson v. Corr. Med. Servs., 583 F.3d 522, 531 (8th Cir. 2009) (en banc) (internal citation and quotation marks omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. Church v. Anderson