Moore v. Hartman’s Empirical Analysis

Citation profile

2 federal appellate · 3 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because retaliatory arrest and retaliatory prosecution are distinct constitutional violations and because the precedent in this Circuit clearly established in 1988, when the challenged conduct by the Postal Inspectors took place, the contours of the First Amendment right to be free from retaliatory prosecution, nothing in Reichle changes our conclusion that the absence-of-probahle-cause requirement is not “an element of a First Amendment retaliation violation.” Moore V, 644 F.3d at 424 . If the Postal Inspectors believe that the Court in Reichle meant to decide what it refused to decide in Hartman and bring to a halt this three decades old case involving evidence that, unlike in Reichle where probable cause was conceded, ‘comes close to the proverbial smoking gun,” Moore v. Hartman, 388 F.3d 871, 884 (D.C.Cir.2004) (‘Moore III’), they are free to once again petition for certiorari and ask the Supreme Court if it wishes to end this saga.”

   1 later decision quote this exact passage · from the majority
   e.g. 102 F. Supp. 3d 35 - Moore v. United States