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← 792 F.2d 874 - Gaut v. Sunn

Gaut v. Sunn’s Empirical Analysis

792 F.2d 874 · 1986

Citation profile

16
cited by 16 later decisions
1
states following
March 1992
most recently cited

14 federal appellate · 1 district · 1 state decisions

Relationships

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Parratt v. Taylor · Rochin v. People of California · Bounds v. Smith · Johnson v. Avery · Davidson v. Cannon

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

  1. “in determining whether the constitutional line has been crossed, a court must look to such factors as the need for the application of force, the relationship between the need and the amount of force that was used, the extent of the injury inflicted, and whether force was applied in a good faith effort to maintain and restore discipline or maliciously and sadistically for the very purpose of causing harm.”
    1 later decision quote this exact passage · from the majority
  2. “substantive due process is violated at the moment the harm occurs [and therefore] the existence of a post-deprivation state remedy should not have any bearing on whether a cause of action exists under Sec. 1983.”
    1 later decision quote this exact passage · from the majority

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.