Fancher v. Barrientos’s Empirical Analysis

Citation profile

12 federal appellate ·

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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “That is, this court has jurisdiction to review (1) whether the facts that the district court ruled a reasonable jury could find would suffice to show a legal violation, or (2) whether that law was clearly established at the time of the alleged violation. In contrast, this court has no interlocutory jurisdiction to review whether or not the pretrial record sets forth a genuine issue of fact for trial. The Supreme Court has indicated that, at the summary judgment stage at least, it is generally the district court's exclusive job to determine which facts a jury could reasonably find from the evidence presented to it by the litigants. So, for example, if a district court concludes that a reasonable jury could find certain specified facts in favor of the plaintiff, the Supreme Court has indicated we usually must take them as true-and do so even if our own de novo review of the record might suggest otherwise as a matter of law.”

   2 later decisions quote this exact passage · from the majority
   e.g. Ralston v. Cannon · Garcia v. Escalante

2. “enough time [ ] to recognize [that the individual no longer poses a threat] and react to the changed circumstances.”

   1 later decision quote this exact passage · from the majority
   e.g. McCoy v. Meyers

3. “[t]he denial of qualified immunity to a public official ... is immediately appealable”

   1 later decision quote this exact passage · from the majority
   e.g. Perry v. Durborow