Malsh v. Austin’s Empirical Analysis
1995
Citation profile
2 district ·
How this case has been cited
Cited by 38 later decisions — most recently August 2018 · most notably Romer v. Morgenthau (2000), 917 F. Supp. 919 - Quartararo v. Catterson (1996)
2 district ·
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)) · 42 U.S.C. § 1985
Relies on Conley v. Gibson · Harlow v. Fitzgerald · Anderson v. Creighton · Estelle v. Gamble · Haines v. Kerner
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether the right in question was defined with ‘reasonable specificity’; (2) whether the decisional law of the Supreme Court and the applicable circuit court support the existence of the right in question; and (3) whether under preexisting law a reasonable defendant official would have understood that his or her acts were unlawful. [T]he qualified immunity defense ... provides ample protection to all but the plainly incompetent or those who knowingly violate the law.... Defendants will not be immune if, on an objective basis, it is obvious that no reasonably competent officer would have concluded that a warrant should issue; but if officers of reasonable competence could disagree on this issue, immunity should be recognized.”
2 later decisions quote this exact passage · from the dissent“An officer's determination is objectively reasonable if there was 'arguable' probable cause at the time of arrest-that is, if ‘officers of reasonable competence could disagree on whether the probable cause test was met.'”
2 later decisions quote this exact passage · from the dissent
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.