Burns v. Reed’s Empirical Analysis
894 F.2d 949 · 1990
Citation profile
7 federal appellate · 2 state decisions
Appellate journey
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Mitchell v. Forsyth · Imbler v. Pachtman · Pembaur v. City of Cincinnati · Butz v. Economou
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"First, we examine the historical or common-law basis for the immunity in question. Second, we examine whether the functions which the official performs subject him to the same obvious risks of entanglement in vexatious litigation as is characteristic of the judicial process. With this second factor we consider the possibility that losers will bring suit against the decision-makers in an effort to relitigate the underlying conflict and `charg[e] the participants in the first with unconstitutional animus.' And third, we consider whether the official is subject to checks upon abuses of authority, such as the correction of error on appeal." Mother Goose [Nursery Schools, Inc. v. Sendak], 770 F.2d [668] at 671 [(7th Cir. 1985)].”
1 later decision quote this exact passagee.g. Cooney v. White““The determination of whether a prosecutor was acting within his or her quasi-judicial capacity and thus absolutely immune from suit is a legal question. If properly raised by the defendant, it is a matter to be decided by the trial court in light of the particular facts of the case regarding the actual conduct of the defendant.””
1 later decision quote this exact passagee.g. Hunt v. Jaglowski“a prosecutor should be afforded absolute immunity for giving legal advice to police officers about the legality of their prospective investigative conduct.”
1 later decision quote this exact passagee.g. Burns v. Reed
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.