Mick’s Empirical Analysis

Citation profile

1 federal appellate · 46 district · 2 state decisions

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

1. “Although the very action in question does not have to have previously been held unlawful, in light of the pre-existing law the unlawfulness must be apparent. ... Ordinarily, in order for the law to be clearly established, there must be a Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to be as plaintiff maintains.”

   2 later decisions quote this exact passage · from the majority
   e.g. 252 F. Supp. 2d 1286 - Robbins v. Bureau of Land Management · 401 F. Supp. 2d 1181 - Prison Legal News, Inc. v. Simmons

2. “that the defendant's actions violated a constitutional or statutory right”

   2 later decisions quote this exact passage · from the majority
   e.g. Chapman v. Fed. Bureau of Prisons · 252 F. Supp. 2d 1286 - Robbins v. Bureau of Land Management

3. “When faced with an argument that the district court mistakenly identified clearly established law, the court of appeals can simply take, as given, the facts that the district court assumed.”

   1 later decision quote this exact passage · from the majority
   e.g. Bass v. Richards