Case Citator › Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of Montana

Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of Montana

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
14 F.3d 449
Decided
Confirmed treatments
1
Flagged citations read
389 of 389
Citing cases (total)
1,208
Treatment dates
2002
Overruled in part
A reviewed court has overruled part of this case’s holding. Branch v. Tunnell has been overruled in part: all 389 flagged citations have been read, and the one confirmed treatment is listed below. Galbraith v. County of Santa Clara overruled Branch's heightened-pleading rule after intervening Supreme Court decisions.
More on how this was screened

Later opinions merely reported Galbraith's act or applied Branch's surviving incorporation-by-reference and prior-panel-precedent rules.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

1,208 later cases cite Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of Montana; 389 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of Montana?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Ninth Circuit held that intervening Supreme Court authority overruled Branch's heightened-pleading requirement for improper-motive constitutional tort claims against individual officers.

    Galbraith v. County of Santa Clara · Ninth Circuit · filed

    Branch v. Tunnell, 937 F.2d 1382 (9th Cir.1991), and Branch v. Tunnell, 14 F.3d 449 (9th Cir.1994), have been overruled by subsequent controlling Supreme Court authority to the extent that they require heightened pleading of improper motive in constitutional tort cases against individual officers.
    Read the full opinion on CourtListener →

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