Gutierrez v. Cobos’s Empirical Analysis

841 F.3d 895 · 2016

Citation profile

cited by 24 later decisions

November 2024

most recently cited

8 federal appellate · 3 district ·

Relationships

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Terry v. Ohio · Graham v. Connor · Pearson v. Callahan · Malley v. Briggs · 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“Once an individual defendant asserts qualified immunity, the plaintiff carries a two-part burden to show: (1) that the defendant's actions violated a federal constitutional or statutory right, and, if so, (2) that the right was clearly established at the time of the defendant's unlawful conduct.”
3 later decisions quote this exact passage · from the majority
e.g. Knopf v. Williams · Calhoun v. Buck
“'existing precedent must have placed the statutory or constitutional question beyond debate.' " White v. Pauly , --- U.S. ----, 137 S.Ct. 548 , 551, 196 L.Ed.2d 463 (2017) (quoting Mullenix v. Luna , --- U.S. ----, 136 S.Ct. 305 , 308, 193 L.Ed.2d 255 (2015) ). Although there need not be a " 'case directly on point,' " id. (quoting Mullenix , 136 S.Ct. at 308 ), "[a]n officer 'cannot be said to have violated a clearly established right unless the right's contours were sufficiently definite that any reasonable official in his shoes would have understood that he was violating it....' " City & Cty. of San Francisco v. Sheehan , --- U.S. ----, 135 S.Ct. 1765 , 1774, 191 L.Ed.2d 856 (2015) (brackets omitted) (quoting Plumhoff v. Rickard , --- U.S. ----, 134 S.Ct. 2012 , 2023, 188 L.Ed.2d 1056 (2014) ). Courts must not define "clearly established law at a high level of generality.”
2 later decisions quote this exact passage · from the majority
e.g. Knopf v. Williams · Brandt v. City of Westminster
“court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”
2 later decisions quote this exact passage · from the majority
e.g. Knopf v. Williams · Fassbender v. Correct Care Solutions, LLC

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.