Davis v. Little’s Empirical Analysis
851 F.2d 605 · 1988
Citation profile
12 federal appellate · 3 district ·
How this case has been cited
Cited by 25 later decisions — most recently July 2013 · most notably Whitfield v. Meléndez-Rivera (2005), Finnegan v. Fountain (1990)
12 federal appellate · 3 district ·
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 · Tennessee v. Garner · United States v. Place · Griffith v. Kentucky · Gomez v. Toledo
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The most important factor in the retroac-tivity inquiry concerns the novelty of the decision. When a decision merely applies settled precedents to new and different factual situations, it applies retroactively. Conversely, where the decision expresses a rule of criminal procedure that is a clear break with the past, unanticipated and in conflict with old standards relied upon by law enforcement authorities, the decision has prospective application only.”
1 later decision quote this exact passage · from the majority“'[A] state rule of immunity or privilege which allows a state officer to escape liability for a deprivation of 'rights, privileges, or immunities secured by the Constitution of the United States' is simply not controlling under 42 U.S.C. § 1983 .'”
1 later decision quote this exact passage · from the majority“See Johnson v. Glick, 481 F.2d 1028 , 1033 (2d Cir.), cert. denied, 414 U.S. 1033 , 94 S.Ct. 462 , 38 L.Ed.2d 324 (1973). Whether conduct”
1 later decision quote this exact passage · from the majoritye.g. Finnegan v. Fountain
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.