Perea v. Baca’s Empirical Analysis

Citation profile

4 federal appellate · 4 district ·

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

1. “involves more than a scavenger hunt for prior cases with precisely the same facts. The more obviously egregious the conduct in light of prevailing constitutional principles, the less specificity is required from prior case law to clearly establish the violation. The Supreme Court has cautioned [lower] courts not to define clearly established law at a high level of generality, but to focus on whether the violative nature of particular conduct is clearly established.”

   3 later decisions quote this exact passage · from the majority
   e.g. Estate of Walter v. Corr. Healthcare Cos. · Brandt v. City of Westminster

2. “Although use of some force against a resisting arrestee may be justified, continued and increased use of force against a subdued detainee is not.”

   2 later decisions quote this exact passage · from the majority
   e.g. McCoy v. Meyers · French v. City of Casey

3. “disproportionate use of a taser, and repeated use of a taser against an effectively subdued individual, [were] clearly established constitutional violations .... [and] under [its] precedent, no reasonable officer could conclude that continuing to taser a subdued detainee is constitutional.”

   1 later decision quote this exact passage · from the majority
   e.g. French v. City of Casey