Mills v. Barnard’s Empirical Analysis

Citation profile

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.

1. “(1) that a criminal prosecution was initiated against the plaintiff and that the defendant ma[d]e, influence[d], or participate[d] in the decision to prosecute; (2) that there was a lack of probable cause for the criminal prosecution; (3) that, as a consequence of a legal proceeding, the plaintiff suffered a deprivation of liberty ... apart from the initial seizure; and (4) that the criminal proceeding must have been resolved in the plaintiff's favor.”

   5 later decisions quote this exact passage · from the majority
   e.g. Jackson v. City Of Cleveland · Jackson v. City of Cleveland

2. “The district court combined the fabrication claim and the withholding claim into one, but this was in error. In Gregory [ v. City of Louisville , 444 F.3d 725 (6th Cir. 2006) ], this court analyzed separately claims that a forensic expert withheld evidence and that the expert had fabricated evidence. Gregory , 444 F.3d at 744 -45 . This result is sensible, as the claims have different elements, most notably, that one involves the suppression of favorable evidence and the other the manufacture of damaging evidence. See id. at 750 (citing favorably Atkins v. County of Riverside , 151 Fed. Appx. 501 , 505-06 (9th Cir. 2005), which permitted a plaintiff to pursue simultaneously both a fabrication-of-evidence claim and a Brady violation claim). Mills has stated a plausible claim that satisfies the elements of a fabrication-of-evidence claim.”

   1 later decision quote this exact passage · from the majority
   e.g. Ricks v. Pauch

3. “(1) a law-enforcement officer, in the course of setting a prosecution in motion, either knowingly or recklessly makes false statements (such as in affidavits or investigative reports) or falsifies or fabricates evidence; (2) the false statements and evidence, together with any concomitant misleading omissions, are material to the ultimate prosecution of the plaintiff; and (3) the false statements, evidence, and omissions do not consist solely of grand-jury testimony or preparation for that testimony (where preparation has a meaning broad enough to encompass conspiring to commit perjury before the grand jury)[.]”

   1 later decision quote this exact passage · from the dissent
   e.g. Gokor v. Schlievert