Small v. McCrystal’s Empirical Analysis
708 F.3d 997 · 2013
Citation profile
29 federal appellate · 6 district · 5 state decisions
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 Harlow v. Fitzgerald · Graham v. Connor · Franks v. Delaware · Malley v. Briggs · Johnson v. Jones
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[F]orce is least justified against nonviolent misdemeanants who do not flee or actively resist arrest and pose little or no threat to the security of the officers or the public.”
3 later decisions quote this exact passage · from the majority“[t]he test is whether the amount of force used was objectively reasonable under the particular circumstances.”
2 later decisions quote this exact passage · from the majority“requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.”
1 later decision quote this exact passage · from the majoritye.g. Michael v. Trevena
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.