Kidd v. O'Neil’s Empirical Analysis
774 F.2d 1252 · 1985
Citation profile
30 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 49 later decisions (1 by the Supreme Court) — most recently July 2002 · most notably Graham v. Connor (1989), Lester v. City of Chicago (1987)
30 federal appellate · 1 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 18 U.S.C. § 242 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Terry v. Ohio · Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · Estelle v. Gamble · Haines v. Kerner
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he fourth amendment, through the fourteenth, [is] a direct source of constitutional protection against uses of excessive physical force by state police officers in arresting suspects. ****** Whether a particular arrest is constitutionally unreasonable [as an unreasonable seizure of the person] depends upon the factual circum-stances_ To determine the question requires that a court "balance the nature and quality of the intrusion on the individual’s Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion."”
2 later decisions quote this exact passage · from the majority“descriptives of state agent conduct and are therefore not the substantive tests of deprivation of constitutional right in the different factual contexts to which they refer; they simply describe conduct that would necessarily exceed any privileged use of force in those different contexts.”
2 later decisions quote this exact passage · from the concurrence“the use of any significant force, up to and including deadlv force, not reasonably necessary to effect an arrest--as where the suspect neither resists nor flees or where force is used after a suspect's resistance has been overcome or his flight thwarted--would be constitutionally unreasonable.”
1 later decision quote this exact passage · from the majoritye.g. Case v. Smith K
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.