Sherrod v. Berry’s Empirical Analysis
856 F.2d 802 · 1988
Citation profile
48 federal appellate · 7 district · 15 state decisions
How this case has been cited
Cited by 112 later decisions — most recently April 2020 · most notably Dickerson v. Mcclellan (1996), Foley v. City of Lowell (1991)
48 federal appellate · 7 district · 15 state decisions — followed in 11 states
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 Tennessee v. Garner · Pennsylvania v. Mimms · Holmes v. United States · Verderber v. Cantello Plumbing Corp. · Harris v. McRae
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 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Knowledge of facts and circumstances gained after the fact (that the suspect was unarmed) has no place in the trial court’s or jury’s proper post-hoc analysis of the reasonableness of the actor’s judgment.” Sherrod, 856 F.2d at 805.”
4 later decisions quote this exact passage · from the majority“knowledge, facts and circumstances known to the officer at the time he exercised his split-second judgment as to whether the use of deadly force was warranted.”
3 later decisions quote this exact passage · from the majority“`when an officer believes that a suspect's actions [place] him, his partner, or those in the immediate vicinity in imminent danger of death or serious bodily injury, the officer can reasonably exercise the use of deadly force.'”
2 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.