Marx v. Gumbinner’s Empirical Analysis
905 F.2d 1503 · 1990
Citation profile
43 federal appellate · 3 district · 9 state decisions
How this case has been cited
Cited by 141 later decisions (1 by the Supreme Court) — most recently August 2023 · most notably District of Columbia v. Wesby (2018), Church v. City of Huntsville (1994)
43 federal appellate · 3 district · 9 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Carroll v. United States · Brinegar v. United States · Beck v. State of Ohio · Bonner v. City of Prichard · Draper v. United States
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 141 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Probable cause [to arrest] exists where ‘the facts and circumstances within [the officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that’ an offense has been or is being committed.” Brinegar v. United States, 338 U.S. 160, 175-76 [ 69 S.Ct. 1302 , 93 L.Ed. 1879] (brackets in original) (citing Carroll v. United States, 267 U.S. 132, 162 [ 45 S.Ct. 280 , 69 L.Ed. 543 ] (1925)); Wilson v. Attaway, 757 F.2d 1227, 1235 (11th Cir.1985). Probable cause does not require overwhelmingly convincing evidence, but only “reasonably trustworthy information,” Beck v. Ohio, 379 U.S. 89, 91 [ 85 S.Ct. 223 , 13 L.Ed.2d 142 ] (1964), and probable cause “must be judged not with clinical detachment but with a common sense view to the realities of normal life.” Wilson, 757 F.2d at 1235 .”
5 later decisions quote this exact passage · from the majority“The existence of probable cause ... is an absolute bar to a section 1983 action for false arrest.”
4 later decisions quote this exact passage · from the majority“is of no consequence in determining the validity of the arrest itself.”
4 later decisions quote this exact passage · from the majoritye.g. Benoit v. City of Lake City · L.S.T., Inc., Individually Dba Kokomo, Harvey Adams, Steven Adams, James Miller, Mark Morris v. Lawrence Crow, Individually and in His Official Capacity as Sheriff of Polk County, Florida, Wayne Cross, Individually and as a Polk County Deputy Sheriff, Grady Judd, Individually and as a Polk County Deputy Sheriff, William Haynes, Individually and as a Polk County Deputy Sheriff, Rick Dobson, Individually and as a Polk County Deputy Sheriff
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.