Tenorio v. Pitzer’s Empirical Analysis
802 F.3d 1160 · 2015
Citation profile
5 federal appellate ·
Relationships
Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Anderson v. Creighton · Graham v. Connor · Pearson v. Callahan · Malley v. Briggs · Duncan v. Walker
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[the Fourth Amendment reasonableness test’s] proper application requires careful attention to the facts and circumstances of each particular case, including [1] the severity of the crime at issue, [2] whether the suspect poses an immediate threat to the safety of the officers or others, and [3] whether he is actively resisting arrest or attempting to evade arrest by flight.”
2 later decisions quote this exact passage · from the dissent“One could argue that [Officer] Pitzer appropriately used lethal force. The officers were responding to an emergency call for police assistance to protect against danger from a man who had been violent in the past and was waving a knife around in his home. The man was walking toward Pitzer in a moderate-sized room while still carrying the knife despite repeated orders to drop it. But the district court ruled that the record supports some potential jury findings that would establish Tenorio’s claim — in particular, that Tenorio “did not ‘refuse’ to drop the knife because he was not given sufficient time to comply’ with Pitzer’s order; that Tenorio made no hostile motions toward the officers but ivas merely “holding a small kitchen knife loosely by his thigh and ... made no threatening gestures toward anyone.”; that Tenorio was shot “before he was within striking distance of [Pit-zer] ....””
1 later decision quote this exact passage · from the majority“the perspective of a reasonable officer on the scene, rather than [assuming] the 20/20 vision of hindsight.”
1 later decision quote this exact passage · from the dissente.g. Clark v. Colbert
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.