Wilson v. Kelley’s Empirical Analysis

Citation profile

18 federal appellate · 7 district · 5 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In the elective-appointive area, however, the process is entirely political. Each elected official must rise and fall on his performance and that of his appointed assistants. The courts would not presume to tell the President, or Governor, a Senator or Congressman that there are limitations on his cabinet or staff appointments. Similarly, other elected officials (such as the Sheriffs here) have freedom to choose such subordinates. The growing number of Negro appointees in Georgia is proof that such lack of discrimination is politically sage. Nevertheless, the power of an elected official to appoint freely appears inviolate, and the risk is his own choice. Thus, pending further Congressional action or clarification by the courts logic would dictate that the Fourteenth Amendment right to public employment is hybrid, existing in the civil servicecompetitive-merit area and not existing in the elective-appointive area." 395 F.Supp. at 1310 .”

   2 later decisions quote this exact passage · from the majority
   e.g. 364 So. 2d 1338 - Boyer v. St. Amant · 395 F. Supp. 1307 - Kyles v. Calcasieu Parish Sheriff's Department

2. ““. . . The theory is advanced that certain state institutions offer academic and trade programs, while the public works camps offer only physical labor. Under such circumstances, it is contended that hard labor constitutes cruel and unusual punishment under the Eighth Amendment and involuntary servitude under the Thirteenth Amendment. “Moreover, there is a longstanding policy of the courts not to interfere in prison administration and discipline at any level. Price v. Johnston, 334 U. S. 266 , 68 S. Ct. 1049 , 92 L. Ed. 1356 (1947); Tabor v. Hardwick, 224 F. (2d) 526 (5th Cir. 1955). And, there must be a clear abuse of discretion before the courts will do, so. Walker v. Blackwell, 360 F. (2d) 66 (5th Cir. 1966). The location and type of institution to be established and the programs for each are basically matters for determination by the appropriate administrators. Of course, certain constitutional rights follow a person into state prison through the Fourteenth Amendment and among these is the protection of the Eighth Amendment against cruel and unusual punishment. However, a work camp per se does not constitute such ‘inhuman, barbarious or tortuous punishment’ as to violate the Eighth Amendment.””

   1 later decision quote this exact passage · from the majority
   e.g. McLamore v. State

3. ““Plaintiffs’ complaint asserts that this action is filed as a class action covering five subclasses of voters and residents of Marion and Lake Counties. The presence of the intervening defendants as well as the court’s own knowledge reveal that the class sought to be maintained is so broad and heterogeneous and has such a disparity of interests that it is not possible for the court to recognize any representative party who could fairly and adequately protect the interests of the class.””

   1 later decision quote this exact passage · from the majority
   e.g. Heckart v. Pate