Broderick v. Roache’s Empirical Analysis
996 F.2d 1294 · 1993
Citation profile
11 federal appellate · 8 district · 3 state decisions
How this case has been cited
Cited by 34 later decisions — most recently July 2018 · most notably Howcroft v. City of Peabody (2001), Hansen v. Soldenwagner (1994)
11 federal appellate · 8 district · 3 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Anderson v. Creighton · Mt. Healthy City School District Board of Education v. Doyle · Malley v. Briggs · Procunier v. Navarette
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Simply put, the objective reasonableness of [the defendant’s] actions absent any consideration of his intent is irrelevant. If [the plaintiff] can show that an intent to retaliate against him for engaging in protected conduct was a “substantial” or “motivating” factor in [the defendant’s] decision to act as he did, he has met his burden as articulated in Mt. Healthy.... Of course, [the defendant] may still prevail in the face of such a showing if he can prove, by a preponderance of the evidence, that he would have taken the actions he did even if [the plaintiff] had not engaged in protected conduct. Id. Such argument, however, is for the factfinder and has bearing on the qualified immunity analysis.”
1 later decision quote this exact passage · from the majority“Government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of jvhich a reasonable person would have known.”
1 later decision 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.