Elder’s Empirical Analysis
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 13 later decisions — most recently January 2020
6 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 Harlow v. Fitzgerald · Anderson v. Creighton · Cohen v. Beneficial Industrial Loan Corp. · Mitchell v. Forsyth · Paul v. Davis
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“must be construed as it applies to legal issues. The way a party demonstrates (or shows) that it should prevail in its legal argument is by citation and argument (which are judged only after a court has made an independent examination of the law), not by testimony and documentary proof. 15 Had the Court meant to adopt the rule that legal issues in qualified immunity cases are to be proved as facts, it would surely have used clearer language to explain what it was doing. It would not have adopted a major change like this merely by using the word”
1 later decision quote this exact passage · from the dissente.g. Elder v. Holloway“Id. At that point, the court launched into a full-scale analysis of the relevant point of law, without ever hinting that its inquiry was somehow limited by the authorities cited by the plaintiff. Had the Backlund court felt itself bound by the cases cited by the plaintiff, all this discussion would have been unnecessary. 31 Many other qualified immunity cases explicitly go beyond the”
1 later decision quote this exact passage · from the dissente.g. Elder v. Holloway“as setting a requirement that the clearly established law be proved as one typically proves fact--the way one would show that the light was red or that the banana peel was dark and gritty. But that is not a plausible reading of the Supreme Court's language. Because the Court has elsewhere made it clear that whether a right is clearly established is a question of law, the term”
1 later decision quote this exact passage · from the dissente.g. Elder v. Holloway
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.