Public-domain · open source
OpenJurist
← 804 F.2d 796 - Weber v. Dell

Weber v. Dell’s Empirical Analysis

804 F.2d 796 · 1986

Citation profile

218
cited by 218 later decisions
3
cited 3 times by the Supreme Court
6
states following
September 2023
most recently cited

78 federal appellate · 20 district · 11 state decisions

How this case has been cited

Cited by 218 later decisions (3 by the Supreme Court) — most recently September 2023 · most notably McMillian v. Monroe County (1997), Iqbal v. Hasty (2007)

78 federal appellate · 20 district · 11 state decisions

95019861990200020102020decided

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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985

Relies on Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · Wolff v. McDonnell · Bell v. Wolfish · Pembaur v. City of Cincinnati

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

  1. “the Fourth Amendment precludes prison officials from performing strip/body cavity searches of arrestees charged with misdemeanors or other minor offenses unless the officials have a reasonable suspicion that the arrestee is concealing weapons or other contraband based on the crime charged, the particular characteristics of the arrestee, and/or the circumstances of the arrest.”
    13 later decisions quote this exact passage · from the majority
  2. “The test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application. In each case it requires a balancing of the need for the particular search against the invasion of personal rights that the search entails. Courts must consider the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it is conducted.”
    3 later decisions quote this exact passage · from the majority
  3. “[a]t least eleven circuit court decisions, three of them antedating the search in this case, hold similar policies [body cavity searches without reasonable suspicion that the arrestee is concealing contraband] unconstitutional”
    2 later decisions 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.