Carter v. McGrady’s Empirical Analysis

Citation profile

10 federal appellate · 4 district · 1 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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) misplaced the burden of proof on DDRC's Motion for Summary Judgment; (2) erroneously failed to construe the facts in the light most favorable to Zemenco; (3) erroneously denied Zemenco’s motion to compel the filing of DDRC's concise statement of material facts; and (4) erroneously did not deem admitted requests for admissions to which DDRC allegedly served untimely responses. We find no grounds for relief with respect to any of these issues.”

   3 later decisions quote this exact passage · from the majority
   e.g. Zemenco, Inc. v. Developers Diversified Realty Corp. · John Duda v. Standard Insurance Co

2. “Given the quantum of evidence of Carter’s misconduct, we cannot say that the prison officials’ decision to discipline Carter for his violations of prison policy was not within the broad discretion that we must afford them. Even if prison officials were motivated by animus to jailhouse lawyers, Carter’s offenses, such as receiving stolen property, were so clear and overt that we cannot say that the disciplinary action taken against Carter was retaliatory.”

   1 later decision quote this exact passage · from the majority
   e.g. Watson v. Rozum

3. “1) the conduct in which he was engaged was constitutionally protected; 2) he suffered “adverse action” at the hands of prison officials 1 ; and 3) his constitutionally protected conduct was a substantial or motivating factor in the decisions to discipline him. 2”

   1 later decision quote this exact passage · from the majority
   e.g. 694 F. Supp. 2d 434 - Hawkins v. Brooks