Barbosa v. Conlon’s Empirical Analysis
2013
Citation profile
5 district ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Anderson v. Liberty Lobby, Inc. · Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · Estelle v. Gamble · Graham v. Connor
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The purpose of the MCRA is to provide under state law a remedy 'coextensive with 42 U.S.C. § 1983 , except that the Federal statute requires State action whereas its State counterpart does not.' " Id. (quoting Batchelder v. Allied Stores Corp. , 393 Mass. 819 , 822-23, 473 N.E.2d 1128 , 1131 (1985) ). Furthermore, unlike Section 1983, the MCRA "is 'explicitly limited' to situations 'where the derogation of secured rights occurs by threats, intimidation or coercion' involving a specific threat of harm 'directed toward a particular individual or class of persons.' " Farrah ex rel. Estate of Santana , 725 F.Supp.2d at 247 (quoting Bally v. Northeastern Univ. , 403 Mass. 713 , 718-19, 532 N.E.2d 49 , 52 (1989) ). As defined by the SJC, "[a] '[t]hreat' ... involves the intentional exertion of pressure to make another fearful or apprehensive of injury or harm. 'Intimidation' involves putting in fear for the purpose of compelling or deterring conduct.... ['Coercion' involves] the application to another of such force, either physical or moral, as to constrain [a person] to do against his will something he would not otherwise have done.”
1 later decision quote this exact passage“there still must be under MCRA some allegation that the defendant's conduct was intended to coerce [the plaintiff] into refraining from the exercise of a right or privilege secured by law.”
1 later decision quote this exact passage“The probable cause standard is a relatively low threshold for police officers to establish.”
1 later decision quote this exact passage
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.