Waters v. Dade County’s Empirical Analysis

Citation profile

1 federal appellate · 3 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * It has long been the rule in Florida that sheriffs are civilly liable for the acts and omissions of their deputies if those acts or omissions transpire within the scope of a deputy’s employment and by virtue of the office. Malone v. Howell, 140 Fla. 693 , 192 So. 224 . Under § 30.07, Fla.Stat, F.S.A., ‘[s]heriffs may appoint deputies * * * and for the (the deputies’) neglect and default * * in the execution of their office the sheriff shall be responsible.’ The principle under which the sheriff is held answerable for the actions of his deputies is that while acting officially, the deputies are the sheriff acting. Axiomatic is the proposition that sheriffs cannot be held accountable for all actions of their deputies during the course of their employment. Hence, the line between acts done under color of office arid those done by virtue of office has been drawn. Malone v. Howell, supra. “[3] Tortious acts committed by virtue of office are said to involve an abuse of power, whereas tortious acts committed under color of office involve usurpation of power. Malone v. Howell, supra; Holland v. Mayes, 155 Fla. 129 , 19 So.2d 709 .””

   1 later decision quote this exact passage
   e.g. Posey v. Starr