Bilbrey v. Brown’s Empirical Analysis
738 F.2d 1462 · 1984
Citation profile
74 federal appellate · 7 district · 1 state decisions
How this case has been cited
Cited by 129 later decisions (4 by the Supreme Court) — most recently June 2018 · most notably New Jersey v. T. L. O. (1985), Illinois v. Krull (1987)
74 federal appellate · 7 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Terry v. Ohio · Harlow v. Fitzgerald · Scheuer v. Rhodes · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Pennhurst State School and Hospital v. Halderman
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 129 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) when the judgment will serve a useful purpose in clarifying and settling the legal relations in issue, and (2) when it will terminate and afford relief from the uncertainty, insecurity, and controversy giving rise to the proceeding.”
6 later decisions quote this exact passage · from the dissent“However, if [the officials] should have been aware of appellants’ Fourth Amend ment rights, it is not true that the immunity defense was unavailable to them as a matter of law.... Appellees could ... qualify for immunity from damages if they reasonably, but mistakenly, believed that they had reasonable cause or probable cause to search appellants. Similarly, if the ap-pellees reasonably believed that [the students] had legally consented to the search, they would also be entitled to such immunity. And although the antecedent inquiry, whether legal rights have been settled, may often best be resolved by the trial judge, see Harlow v. Fitzgerald, the existence of a reasonable belief that a search is lawful, viewed in light of the “settled” nature of the law, is a question for the trier of fact.”
2 later decisions quote this exact passage · from the majority“are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
2 later decisions quote this exact passage · from the dissent
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.