Barber v. Miller’s Empirical Analysis
809 F.3d 840 · 2015
Citation profile
1 federal appellate ·
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Lujan v. Defenders of Wildlife · Payton v. New York · Pearson v. Callahan · Simon v. Eastern Kentucky Welfare Rights Organization · 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Once a defendant invokes qualified immunity, the plaintiff bears the burden of showing that (1) the defendant's acts violated a constitutional right and (2) the right at issue was clearly established at the time of the defendants's alleged misconduct.”
1 later decision quote this exact passage · from the majoritye.g. Kellom v. Quinn“general assertions that 'the Fourth Amendment was violated as to [a child] when he was seized pursuant to [an] order' that he claims 'was based on false statements and otherwise lacked probable cause' invoke no clearly established right.”
1 later decision quote this exact passage · from the majority“offered his factual assessment in his capacity as a legal advocate initiating a child-custody proceeding in family court.”
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.