Wesley v. Campbell’s Empirical Analysis

Citation profile

15 federal appellate · 1 district · 4 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rule 12(b)(6) is a mismatch for immunity and almost always a bad ground of dismissal.”

   5 later decisions quote this exact passage · from the concurrence
   e.g. Mills v. Barnard · Reed v. Palmer

2. “[A]lthough an officer's entitlement to qualified immunity is a threshold question to be resolved at the earliest possible point, that point is usually summary judgment and not dismissal under Rule 12.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Cahoo v. SAS Analytics Inc. · Guertin v. State

3. “[I]t seems clear that Rigney’s decision to withhold evidence of J.S.’s unreliability was material, because it is clearly established that witness allegations fail to sustain probable cause when there is apparent reason to question the person’s reliability. If the magistrate who issued the arrest warrant had known that there were, in fact, several apparent reasons to question J.S.’s reliability, precedent would have precluded a finding of probable cause, and the warrant would not have issued. In addition, Rigney’s omissions demonstrate deliberateness or a reckless disregard for the truth, given that any reasonable officer would have recognized the importance of J.S.’s reliability on the question of probable cause. Put another way, any reasonable officer would have known that the gaps in J.S.’s credibility would be the. kind of thing the judge would wish to know.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Wesley v. Campbell