Bargainer v. Michal’s Empirical Analysis

Citation profile

4 federal appellate · 4 district ·

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

1. ““Had the plaintiff alleged merely a beating by the police officers, and no more, defendants’ contention that a simple assault and battery was set forth would present a most difficult question to resolve. But when the complaint sets forth that the defendants not only physically abused plaintiff, but thereafter utilized their status as police officers to have him charged and confined to cover up their attack, a cause of action is stated under 42 U.S.C.A. § 1983 . These facts set forth a misuse of the power of arrest, possessed by the officers by virtue of state law and made possible only because the alleged wrongdoers were clothed with the authority of state law, Monroe v. Pape, 256 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961), thereby depriving plaintiff of his constitutional right not to be arrested by an officer acting arbitrarily without cause and for an ulterior purpose, * * * “As the complaint states a claim under 42 U.S.C.A. § 1983 , defendants’ motion to dismiss the complaint must be denied.” p. 273.”

   1 later decision quote this exact passage · from the majority
   e.g. Tyree v. Smith