Powell v. Gardner’s Empirical Analysis
891 F.2d 1039 · 1989
Citation profile
34 federal appellate · 7 district · 2 state decisions
How this case has been cited
Cited by 103 later decisions — most recently April 2021 · most notably Zahra v. Town of Southold (1995), Metromedia Co. v. Fugazy (1992)
34 federal appellate · 7 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
Relies on Monell v. Department of Social Services of City of New York · United Mine Workers of America v. Gibbs · Graham v. Connor · City of Canton v. Harris · Pembaur v. City of Cincinnati
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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We think the Fourth Amendment standard probably should be applied at least to the period prior to the time when the person arrested [pursuant to a warrant] is arraigned or formally charged, and remains in the custody (joint or sole) of the arresting officers.”
8 later decisions quote this exact passage · from the majority“In defining a seizure in Graham , the Supreme court noted that it had “riot resolved the ■ question whether ■ the Fourth Amendment continues to provide individuals with protection against the deliberate rise of excessive physical force beyond the point at which arrest ends and pretrial detention begins.” This statement suggests that “arrest” for fourth amendment purposes encompasses more than the moment of arrest, but continues until pretrial detention begins. In addition, because the statement questions only whether the fourth amendment applies once pretrial protection begins, the statement also implies that fourth amendment protection against excessive force governs at least until pretrial detention begins.”
2 later decisions quote this exact passage · from the majority“viewed in the light most favorable to the nonmoving party, the evidence is such that, without weighing the credibility of the witnesses or otherwise considering the weight of the evidence, there can be but one conclusion as to the verdict that reasonable [persons] could have reached.”
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.