Miller v. Lovett’s Empirical Analysis
879 F.2d 1066 · 1989
Citation profile
15 federal appellate · 9 district · 2 state decisions
How this case has been cited
Cited by 48 later decisions — most recently March 2017 · most notably Timothy Johnson Sr Luaine Sims Tj v. Newburgh Enlarged School District (2001), Hammer v. Gross (1991)
15 federal appellate · 9 district · 2 state decisions
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 United Mine Workers of America v. Gibbs · Graham v. Connor · Imbler v. Pachtman · Carey v. Piphus · Tennessee v. Garner
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) there is a claim arising under the constitution or federal laws; (2) the relationship between the federal claim and the state claim permits the conclusion that the entire action comprises but one constitutional case; (3) the federal claim has substance sufficient to confer subject matter jurisdiction on the court; and (4) the state and federal claims derive from a common nucleus of operative fact.”
2 later decisions quote this exact passage · from the majority“The court must instruct the jury to determine whether the officers’ use of force was objectively reasonable by balancing ‘the nature and quality of the intrusion on the individual’s Fourth Amendment interests’ against the interests of the police in [treating the Grants] in the particular manner [they were treated]. Graham, 109 S.Ct. at 1871 . The jury must also keep in mind that Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers, violates the Fourth Amendment. The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving—about the amount of force that is necessary in a particular situation. Graham at 1871 (quotations and citations omitted). Thus, the jury should be instructed to give careful attention to the facts and circumstances of the case, ‘including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.’ Graham at 1871 .”
1 later decision quote this exact passage · from the majority“state-law issues substantially predominate, or where divergent legal theories of relief would likely confuse the jury.”
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.