Black v. Wigington’s Empirical Analysis
811 F.3d 1259 · 2016
Citation profile
9 federal appellate ·
Relationships
Applies 42 U.S.C. § 12132 (§ 202 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12202 (§ 502 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · United States v. Leon · Franks v. Delaware · Edelman v. Jordan · Heck v. Humphrey
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Actual malice is a demanding standard: it requires an officer to act with “a deliberate intention to do a wrongful act.” Adams v. Hazelwood, 271 Ga. 414 , 520 S.E.2d 896, 898 (1999). True, a jury can infer actual malice based on an officer’s conduct. See Lagroon v. Lawson, 328 Ga.App. 614 , 759 S.E.2d 878, 883 (2014). But unreasonable conduct does not support such an inference. See Ba- shir v. Rockdale Cty., 445 F.3d 1323, 1333 (11th Cir.2006); Marshall v. Browning, 310 Ga.App. 64 , 712 S.E.2d 71, 75 (2011); Anderson v. Cobb, 258 Ga.App. 159 , 573 S.E.2d 417, 419 (2002). Even recklessly illegal conduct does not support an inference of actual malice. See Murphy v. Bajjani, 282 Ga. 197 , 647 S.E.2d 54, 60 (2007); Daley v. Clark, 282 Ga.App. 235 , 638 S.E.2d 376, 386 (2006).”
2 later decisions quote this exact passage · from the majority“a plaintiff who alleges that type of claim ... successfully invoke[s] our jurisdiction unless [the] allegations are 'immaterial and made solely for purpose of obtaining jurisdiction' or 'wholly insubstantial and frivolous.'”
2 later decisions quote this exact passage · from the majority“When a plaintiff argues that Congress has abrogated sovereign immunity for a particular type of claim, we review that argument de novo .”
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.