Tobey v. Jones’s Empirical Analysis
706 F.3d 379 · 2013
Citation profile
8 federal appellate · 6 district ·
Relationships
Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Harlow v. Fitzgerald · Scheuer v. Rhodes · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it is not required that a right violated already have been recognized by a court in a specific context before such right may be held 'clearly established' for purposes of qualified immunity. Thus, the absence of a judicial decision holding [that due process is violated] under similar circumstances does not prevent a court from denying a qualified immunity defense. As the Supreme Court has emphasized, officials can still be on notice that their conduct violates established law even in novel factual circumstances.”
2 later decisions quote this exact passage · from the majority“It is an undoubtedly natural consequence of reporting a person to the police that the person will be arrested; especially in the scenario we have here, where TSA and [RIA] police act in close concert. So long as Mr. Tobey’s complaint rendered it plausible that [the TSA Officials] helped effectuate his arrest, the district court should have factored the arrest into its decision as to whether Mr. Tobey alleged plausible Bivens claims against [the TSA Officials].”
1 later decision quote this exact passage · from the majoritye.g. George v. Rehiel“The court held that because there is a question of whether the TSA Agents in fact radioed for assistance because of the message Plaintiff sought to convey or because of some other reasonable restriction on First Amendment activity in the security area, dismissal [of the First Amendment claims] on the basis of qualified immunity would be improper.”
1 later decision quote this exact passage · from the majoritye.g. George v. Rehiel
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.