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← 871 F.3d 1203 - Gaines v. Wardynski

Gaines v. Wardynski’s Empirical Analysis

871 F.3d 1203 · 2017

Citation profile

15
cited by 15 later decisions
May 2025
most recently cited

1 federal appellate ·

Relationships

Relies on Harlow v. Fitzgerald · Anderson v. Creighton · Pearson v. Callahan · Washington v. Davis · 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[T]he Eleventh Circuit allows a Plaintiff to survive summary judgment 'if he presents circumstantial evidence that creates a triable issue regarding the employer's discriminatory intent.' "). As a result, summary judgment is not appropriate in this case, and a jury must make the ultimate determination. For these reasons, Defendants' Motion with respect to Plaintiff's claims of racial discrimination under Counts I, II, and III of the Complaint is DENIED. II. Intimate Association Under Count IV of the Complaint, Plaintiff claims that Defendants violated his right to intimate association under the First Amendment. "The right of intimate association ... is the freedom to choose to enter into and maintain certain intimate human relationships, and it is protected from undue government intrusion as a fundamental aspect of personal liberty.”
    1 later decision quote this exact passage · from the majority
  2. “To establish the defense of qualified immunity, the burden is first on the defendant to establish that the allegedly unconstitutional conduct occurred while he was acting within the scope of his discretionary authority. If, and only if , the defendant does that will the burden shift to the plaintiff to establish that the defendant violated clearly established law.”
    1 later decision quote this exact passage · from the majority
  3. “To show that a public employer has impermissibly burdened or infringed a constitutional right, the employee must first demonstrate that the asserted right is protected by the Constitution-which ... the right to freedom, of intimate association is-and that he or she suffered adverse action for exercising the right.”
    1 later decision 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.