Stone v. Peacock’s Empirical Analysis
968 F.2d 1163 · 1992
Citation profile
11 federal appellate ·
How this case has been cited
Cited by 36 later decisions — most recently January 2018 · most notably Cottrell v. Caldwell (1996), Kelly v. Curtis (1994)
11 federal appellate ·
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 Mitchell v. Forsyth · Butz v. Economou · Greason v. Kemp · Adams v. St. Lucie County Sheriff's Department · Green v. Carlson
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where it is not evident from the allegations of the complaint alone that the defendants are entitled to qualified immunity, the case will, proceed to the summary judgment stage, the most typical juncture at which defendants entitled to qualified immunity are released from the threat of liability, and the burden of further litigation. Even'at the summary judgment stage, not all defendants entitled to the protection of the qualified immunity defense will get it. The ones who should be given that protection at the summary judgment stage are those who establish that there is no genuine issue of material fact preventing them from being entitled to qualified immunity. And that will include defendants in a case where there is some dispute about the facts, but even viewing the evidence most favorably to the plaintiff the law applicable to that set of facts was not already clearly enough settled to make the defendants’ conduct clearly unlawful. But if, the evidence at the summary judgment stage, viewed in the light most favorable to the plaintiff, shows there are facts that are inconsistent with qualified immunity being granted, the case and the qualified immunity issue along with it will proceed to trial.”
2 later decisions quote this exact passage · from the majority“[a]lthough the district court preferably makes this determination before trial, qualified immunity is a legal determination that must be made by the court and may be made either before trial, during trial, or after trial.”
2 later decisions quote this exact passage · from the majority“a jury should seldom, if ever, be instructed on qualified immunity; the availability of a qualified immunity defense is a question of law for the court to determine.”
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.