O'Brien v. Welty’s Empirical Analysis
818 F.3d 920 · 2016
Citation profile
3 federal appellate · 1 district · 3 state decisions
Relationships
Applies 18 U.S.C. § 2261A · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Mt. Healthy City School District Board of Education v. Doyle · Grayned v. City of Rockford · 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[o]nce an evidentiary record has been developed through discovery, defendants will be free to move for summary judgment based on qualified immunity.”
2 later decisions quote this exact passage · from the majority“a court may deny a qualified immunity defense without prejudice and after further factual development a defendant may re-raise the qualified immunity issue 'at summary judgment or at trial' "). B. First Amendment Retaliation Claim As noted above, the Flynns only, and not Ms. Alcarez, assert a First Amendment retaliation claim. There are three elements to a First Amendment retaliation claim ...: [A] plaintiff must show that (1) he was engaged in a constitutionally protected activity, (2) the defendant's actions would chill a person of ordinary firmness from continuing to engage in the protected activity[,] and (3) the protected activity was a substantial or motivating factor in the defendant's conduct. Once a plaintiff has made such a showing, the burden shifts to the government to show that it "would have taken the same action even in the absence of the protected conduct.”
1 later decision quote this exact passage · from the majority“[o]therwise lawful government action may nonetheless be unlawful if motivated by retaliation for having engaged in activity protected under the First Amendment.”
1 later decision quote this exact passage · from the majoritye.g. Koala v. Khosla
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.