Anthony v. Baker’s Empirical Analysis
955 F.2d 1395 · 1992
Citation profile
30 federal appellate · 14 district · 2 state decisions
How this case has been cited
Cited by 64 later decisions — most recently August 2016 · most notably Pierce v. Gilchrist (2004), Kulwicki v. Dawson (1992)
30 federal appellate · 14 district · 2 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
Relies on Cohen v. Beneficial Industrial Loan Corp. · Mitchell v. Forsyth · Malley v. Briggs · Missouri v. Continential Insurance Cos. · Abney 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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“who actively instigated or encouraged the prosecution of the plaintiff.”
3 later decisions quote this exact passage · from the concurrence“In a malicious prosecution action, however, the plaintiff attempts to hold the complaining witness “liable for his role in initiating a baseless prosecution.... ” Id. “Complaining witnesses were not absolutely immune at common law.” Malley v. Briggs, 475 U.S. 335 [, 106 S.Ct. 1092 , 89 L.Ed.2d 271 ] ... (1986). Thus, in Malley [v. Briggs], the Supreme Court denied absolute immunity to a police officer who wrongfully initiated a criminal proceeding by applying for an arrest warrant. Id. “In 1871, the generally accepted rule was that one who procured the issuance of an arrest warrant by submitting a complaint could be held liable if the complaint was made maliciously and without probable cause.” Id. (citations omitted). 5¡í 'Is The term “complaining witness” describes the person (or persons) who actively instigated or encouraged the prosecution of the plaintiff. Proof of the defendant’s role in instituting the criminal prosecution of the plaintiff is an essential element of a malicious prosecution claim. W. Page Keeton et ah, Prosser and Keeton on the Law of Torts § 119 (5th ed.1984); Bounder v. Jacobs, 119 Colo. 511 , 205 P.2d 236 (1949).”
1 later decision quote this exact passage · from the concurrence““The law of the case doctrine is ‘a restriction self-imposed by the courts in the interest of judicial efficiency. It is a rule based on sound public policy that litigation should come to an' end and is designed to bring about a quick resolution of disputes by preventing continued reargument of issues already decided.’ Fox v. Mazda Corp. of America, 868 F.2d 1190, 1194 (10th Cir.1989) (citations omitted). The law of the case doctrine ‘encompasses a court’s explicit decisions, as well as those issues decided by necessary implication.’ Williamsburg Wax Museum v. Historic Figures, Inc., 810 F.2d 243 (D.C.Cir.1987) (citations omitted).””
1 later decision quote this exact passage · from the concurrence
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.