Posr v. Doherty’s Empirical Analysis
944 F.2d 91 · 1991
Citation profile
56 federal appellate · 17 district · 10 state decisions
How this case has been cited
Cited by 262 later decisions (1 by the Supreme Court) — most recently December 2024 · most notably Weyant v. Okst (1996), Lennon v. Miller (1995)
56 federal appellate · 17 district · 10 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 Terry v. Ohio · Harlow v. Fitzgerald · Anderson v. Creighton · Florida v. Royer · United States v. Mendenhall
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 262 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the rule were [otherwise], an officer with probable cause as to a lesser offense could tack on more serious, unfounded charges which would support a high bail or lengthy detention, knowing that the probable cause on the lesser offense would insulate him from liability for malicious prosecution on the other offenses.”
4 later decisions quote this exact passage · from the majority“(1) the defendant either commenced or continued a criminal proceeding against him; (2) that the proceeding terminated in his favor; (3) that there was no probable cause for the criminal proceeding; and (4) that the criminal proceeding was instituted with actual malice.”
4 later decisions quote this exact passage · from the majority“[E]xcept for § 1983's requirement that the tort be committed under color of state law, the elements for a claim of assault and battery against law enforcement officers under New York law and a claim of excessive force under § 1983 are the same.”
2 later decisions 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.