Donya Mitchell v. Gene Pope’s Empirical Analysis

Citation profile

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

1. “Plaintiff contends that Overbey: (1) tried to kiss her after the 1999 Sheriffs Department Christmas party and called her a “frigid bitch” when she refused, (2) showed up at places Plaintiff was “staking out” in December 1999 and told her “you must be working out” and “you sure do look fine,” (3) appeared several times in her driveway in January 2000, once drunk, when he told Plaintiffs son that he loved Plaintiff, (4) suggested she wear certain jeans and commented “your ass sure does look fine,” (5) told her “you can just walk into the room and I’d get an erection,” (6) stood on his tiptoes to look down her shirt, (7) rubbed up against her, whispered in her ear, and put his arm across her chest, (8) chased her around the CID office, (9) once picked her up over his head in the CID office, (10) asked her over the Sheriffs Department telephones if she was dressed or naked, (11) opened the door to the women’s bathroom and turned the lights off and on when Plaintiff was inside, (12) simulated “humping” another female employee with that employee’s consent, (13) made sexually derogatory remarks and gestures about a female magistrate judge, and (14) referred to Sheriff Pope as a “big eared pencil dick motherfucker.” In March 2000, Plaintiff and Overbey attended a conference in Alabama. Overbey told Plaintiff that the hotel had made a mistake and that they would have to share a room. Over-bey slept on the floor. The next night, after Overbey got his own room, he tried to convince Plai”

   1 later decision quote this exact passage · from the majority
   e.g. 506 F. Supp. 2d 1002 - Burroughs v. Smurfit Stone Container Corp., LP

2. “Although Overbey’s reprehensible behavior only can be described as crass and juvenile, we accept that this behavior-given its relative infrequency-is not the kind of “severe” harassment necessary for liability to attach under Title VII. Overbey’s conduct is more comparable to the conduct in Gupta v. Florida Bd. of Regents, 212 F.3d 571 , 584-86 (11th Cir.2000), and in Mendoza, 195 F.3d at 1247 , which we concluded was not objectively severe or pervasive. And no evidence exists that Overbey’s behavior unreasonably interfered with Plaintiffs job performance. To the contrary, the evidence indicates that Plaintiffs health problems were the greatest hindrance to her job performance and led to her ultimate confrontation with Pope and her subsequent resignation. In short, Plaintiff has not shown a claim of actionable hostile work environment under Title VII.”

   1 later decision quote this exact passage · from the majority
   e.g. 506 F. Supp. 2d 1002 - Burroughs v. Smurfit Stone Container Corp., LP

3. “(1) tried to kiss [Plaintiff] after the 1999 Sheriffs Department Christmas party and called her a “frigid bitch” when she refused, (2) showed up at places Plaintiff was “staking out” in December 1999 and told her “you must be working out” and “you sure do look fine,” (3) appeared several times in [Plaintiffs] driveway in January 2000, once drunk, when he told Plaintiffs son that he loved Plaintiff, (4) suggested [Plaintiff] wear certain jeans and commented “your ass sure does look fine,” (5) told [Plaintiff] “you can just walk into the room and I’d get an erection,” (6) stood on his tiptoes to look down [Plaintiffs] shirt, (7) rubbed up against her, whispered in her ear, and put his arm across her chest.”

   1 later decision quote this exact passage · from the majority
   e.g. Ramirez v. Miami-Dade County