Gutierrez v. Kermon’s Empirical Analysis
722 F.3d 1003 · 2013
Citation profile
20 federal appellate ·
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 Anderson v. Liberty Lobby, Inc. · Terry v. Ohio · Harlow v. Fitzgerald · Anderson v. Creighton · Cohen v. Beneficial Industrial Loan Corp.
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]n appellant challenging a district court's denial of qualified immunity effectively pleads himself out of court by interposing disputed factual issues in his argument.”
5 later decisions quote this exact passage · from the majority“the mere mention of disputed facts in an otherwise purely legal argument is not fatal, and we have held accordingly that jurisdiction exists where the appellant mentions factual disputes but the legal argument is not dependent on those factual disputes-i.e., where the legal and factual arguments are separable.”
2 later decisions quote this exact passage · from the majoritye.g. Williams v. Cline · Gant v. Hartman“depend[ ] upon and [are] inseparable from disputed facts.”
2 later decisions quote this exact passage · from the majority
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.