Storey v. Taylor’s Empirical Analysis

Citation profile

5 federal appellate · 5 district · 3 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a defendant asserts qualified immunity at the summary judgment stage, the burden shifts, to the plaintiff, who must clear two hurdles to defeat the defendant’s motion. The plaintiff must demonstrate, on the 'facts alleged, that (1) the defendant violated a constitutional right, and (2) the right was clearly established at the time of the alleged unlawful activity..... A constitutional right is clearly established when, at the time of the alleged violation, the contours of the right were sufficiently clear that a reasonable official would understand that his actions violate that right.... While the plaintiff does not have to present a case with an identical factual situation, the plaintiff must show legal authority making it apparent that in the light of pre-existing law a reasonable official would have known that the conduct in question violated the constitutional right at issue. In determining whether a right was clearly established, we look for Supreme Court or Tenth Circuit precedent on point or clearly established weight of authority from other courts finding the law to be as the plaintiff maintains.”

   1 later decision quote this exact passage · from the majority
   e.g. 938 F. Supp. 2d 1180 - Osuagwu v. Gila Regional Medical Center

2. “and the defendant verbally refused to comply each time: Officer: Sir, step out of the house. Defendant: No. Officer: Step out of the house. Defendant: I'm not doing it. Officer: You're going to step out of the house. Defendant: No. Officer: Listen. You shall obey my command and step outside the house or you go to jail. Step outside. Defendant: I am not doing that. Officer: Step out of the house. Defendant: Why are you doing this? Officer: You are going to comply with a lawful order. You don't want to deal with this, you can go to jail. 696 F.3d 987 , 991 (10th Cir. 2012) (”

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

3. “(1) the officers have an objectively reasonable basis to believe there is an immediate need to protect the lives or safety of themselves or others, and (2) the manner and scope of the search is reasonable.”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Brunsting