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← 894 F.2d 949 - Burns v. Reed

Burns v. Reed’s Empirical Analysis

894 F.2d 949 · 1990

Citation profile

12
cited by 12 later decisions
1
cited 1 times by the Supreme Court
2
states following
January 1997
most recently cited

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.

  1. “"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 passage
  2. ““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 passage
  3. “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 passage

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.