McIver v. Russell’s Empirical Analysis

Citation profile

2 federal appellate · 14 district · 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Since the Maryland legislature has provided a three year limitation period for actions, which may exist from time to time, for violations of Article 23 of the Maryland Declaration of Rights, and since the Maryland Court of Appeals has held that such rights are similar to the rights secured by the Fourteenth Amendment of the Federal Constitution and since 42 U.S.C. § 1983 was enacted to provide a cause of action for violation of rights under that federal constitutional amendment, those same three-year Mary land limitations are applicable to actions brought under 42 U.S.C. § 1983 .”

   2 later decisions quote this exact passage · from the majority
   e.g. 363 F. Supp. 493 - McDonald v. Boslow · 454 F. Supp. 1256 - Davidson v. Koerber

2. ““Section 1983 of the Civil Rights Act clearly creates rights and imposes obligations different from any which would exist at common law in the absence of statute. A given state of facts may of course give rise to a cause of action in common-law tort as well as to a cause of action under Section 1983, but the elements of the two are not the same. The elements of an action under Section 1983 are (1) the denial under color of state law (2) of a right secured by the Constitution and laws of the United States. Neither of these elements would be required to make out a cause of action in common-, law tort; both might be present without creating common-law tort liability. As Mr. Justice Harlan recently suggested, ‘a deprivation of a constitutional right is significantly different from and more serious than a violation of a state right and therefore deserves a different remedy even though the same act may constitute both a state tort and the deprivation of a constitutional right.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Glasscoe v. Howell

3. ““SEC. 1. All actions of account, actions of assumpsit, or on the case, actions of debt on simple contract, or for rent in arrear, detinue or replevin, all actions for trespass, for injuries to real or personal property, all actions for illegal arrest, false imprisonment, or violation of the twenty-first, twenty-third, twenty-eighth and twenty-ninth articles of the Declaration of Rights, or any of them; or of the existing, or any future provisions of the code touching the writ of habeas corpus, or proceeding thereunder, shall be commenced within three years from the time the cause of action accrued; and all actions on the case for words, and actions of assault, battery and wounding, or any of them, within one year from the time the cause of action accrued; this section not to apply to such accounts as concern the trade or merchandise between merchant and merchants, their factors and servants which are not residents within this state.””

   1 later decision quote this exact passage · from the concurrence
   e.g. Widgeon v. Eastern Shore Hospital Center