Elder’s Empirical Analysis

Citation profile

5 federal appellate · 3 district · 1 state decisions

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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While most of our qualified immunity opinions make no mention of who came up with the relevant authority, we have in practice looked to the cases cited by the plaintiff.”

   2 later decisions quote this exact passage · from the majority
   e.g. Elder · Elder v. Holloway

2. “it is the location of the arrested person, and not the arresting agents, that determines whether an arrest occurs within a home,”

   2 later decisions quote this exact passage · from the majority
   e.g. Elder · Elder v. Holloway

3. “... [A]ssuming that Elder’s failure to proffer Al-Azzawy was inadvertent, and the district judge did not find it either, we are hard-pressed to say that the law was so clearly established that a reasonable law enforcement officer in Holloway’s shoes would understand that what he was doing violated a constitutional right. See Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986) (the court does not “require of most government officials the kind of legal scholarship normally associate ed with law professors and academicians”), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).”

   1 later decision quote this exact passage · from the majority
   e.g. Elder v. Holloway