Kemp v. Liebel’s Empirical Analysis

Citation profile

6 federal appellate ·

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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But even as to action less than an outrage, 'officials can still be on notice that their conduct violates established law ... in novel factual circumstances.' " Id. at 377-78 , 129 S.Ct. 2633 (alteration in original) (quoting Hope v. Pelzer , 536 U.S. 730 , 741, 122 S.Ct. 2508 , 153 L.Ed.2d 666 (2002) ). Importantly, "[b]efore we can determine if the law was clearly established, 'the right allegedly violated must be defined at the appropriate level of specificity.' " Kemp , 877 F.3d at 351 (quoting Wilson , 526 U.S. at 615 , 119 S.Ct. 1692 ). "The Supreme Court has 'repeatedly told courts ... not to define clearly established law at a high level of generality.' " Volkman v. Ryker , 736 F.3d 1084 , 1090 (7th Cir. 2013) (alteration in original) (quoting al-Kidd , 563 U.S. at 742 , 131 S.Ct. 2074 ); see, e.g. , Kisela v. Hughes , --- U.S. ----, 138 S.Ct. 1148 , 1152, 200 L.Ed.2d 449 (2018) (per curiam); White v. Pauly , --- U.S. ----, 137 S.Ct. 548 , 552, 196 L.Ed.2d 463 (2017) (per curiam); Mullenix , 136 S.Ct. at 308 ; Plumhoff , 134 S.Ct. at 2023 . Instead, "[t]he dispositive question is 'whether the violative nature of particular conduct is clearly established.' " Mullenix , 136 S.Ct. at 308 (quoting al-Kidd , 563 U.S. at 742 , 131 S.Ct. 2074 ). In other words, "the clearly established law must be 'particularized' to the facts of the case.”

   3 later decisions quote this exact passage · from the majority
   e.g. Reed v. Palmer · Barnes v. Fedele

2. “the burden is on plaintiffs to demonstrate the alleged violation of their [constitutional] right[s] was 'clearly established.' " Id. "To be clearly established at the time of the challenged conduct, the right's contours must be sufficiently clear that every reasonable official would have understood that what he is doing violates that right....”

   3 later decisions quote this exact passage · from the majority
   e.g. Reed v. Palmer · Lovett v. Herbert

3. “A state official is protected by qualified immunity unless the plaintiff shows: '(1) that the official violated a statutory or constitutional right, and (2) that the right was”

   3 later decisions quote this exact passage · from the majority
   e.g. Reed v. Palmer · Lovett v. Herbert