Molinelli v. Tucker’s Empirical Analysis
901 F.2d 13 · 1990
Citation profile
1 federal appellate · 1 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · United Mine Workers of America v. Gibbs · Anderson v. Creighton · Mitchell v. Forsyth · Skinner v. Railway Labor Executives' Assn.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A finding of apparent unlawfulness does not require that an earlier decision of this court be directly on point with the current facts; however, the absence of such a decision militates against that finding when, in addition, there have been no cases in this Circuit “foreshadowing)” a ruling on the issue, nor many cases in other circuits taking a certain stand.”
1 later decision quote this exact passage · from the majority“[I]t is clear from this conflict of opinion, especially the decisions within this Circuit, that there was no unequivocal holding in 1986, or even until Skinner in 1989, that urinalysis is a fourth amendment search ... In sum, we find that the fourth amendment status of urine testing of public employees was not “clearly established” in October 1986 ...”
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.