Fraley v. Griffin’s Empirical Analysis

Citation profile

11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In distinguishing between a public official and a public employee, our courts have held that (1) a public office is a position created by the constitution or statutes; (2) a public official exercises a portion of the sovereign power; and (3) a public official exercises discretion, while public employees perform ministerial duties. Additionally, an officer is generally required to take an oath of office while an agent or employee is not required to do so.”

   3 later decisions quote this exact passage
   e.g. 253 N.C. App. 8 - Chastain v. Arndt · 254 N.C. App. 694 - Leonard v. Bell

2. “[a] position is considered 'created by statute' when 'the officer's position ha[s] a clear statutory basis or the officer ha[s] been delegated a statutory duty by a person or organization created by statute ' or the Constitution.”

   3 later decisions quote this exact passage
   e.g. 253 N.C. App. 8 - Chastain v. Arndt · 254 N.C. App. 694 - Leonard v. Bell

3. “[WJe note that the trial court’s order denying defendant’s motion for summary judgment is interlocutory, and thus, not generally subject to immediate appeal. Orders denying summary judgment based on public official immunity, however, affect a substantial right and are immediately appealable. Thus defendant’s appeal is properly before this Court.”

   1 later decision quote this exact passage
   e.g. Baker v. Smith