Garcia v. Miera’s Empirical Analysis
817 F.2d 650 · 1987
Citation profile
70 federal appellate · 17 district · 4 state decisions
How this case has been cited
Cited by 151 later decisions — most recently June 2021 · most notably Brown v. Hot, Sexy & Safer Productions, Inc. (1995), Lawmaster v. Ward (1997)
70 federal appellate · 17 district · 4 state decisions
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))
Relies on Harlow v. Fitzgerald · Parratt v. Taylor · City of Los Angeles v. Lyons · Pierson v. Ray · Rochin v. People of California
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 151 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'whether the force applied caused injury so severe, was so disproportionate to the need presented, and was so inspired by malice or sadism rather than a merely careless or unwise excess of zeal that it amounted to a brutal and inhumane abuse of official power literally shocking to the conscience' ") (quoting Garcia ex. rel. Garcia v. Miera, 817 F.2d 650 , 655 (10th Cir.1987), cert. denied, 485 U.S. 959, 108 S.Ct. 1220, 99 L.Ed.2d 421 (1988)); Liebson v. New Mexico Corrections Dep't, 73 F.3d 274 , 276 (10th Cir.1996) (quoting Uhlrig ). 2 In Uhlrig, we found no constitutional violation under the "shock the conscience”
6 later decisions quote this exact passage · from the majority“We believe that Ingraham requires us to hold that, at some point, excessive corporal punishment violates the pupil's substantive due process rights.”
3 later decisions quote this exact passage · from the majoritye.g. P.B., on Her Own Behalf and on Behalf of N.B., a Minor S.G., on Her Own Behalf and on Behalf of L.G., a Minor C.D., on Her Own Behalf and on Behalf of D.D. v. Alfred Koch, Principal of Preston High School, and Scott Beckstead Mary Jo Roberts George Wilcox Orson Bowler · Abeyta Martinez v. Chama Valley Independent School District No“general, well developed legal principles.”
3 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.