Heine v. Raus’s Empirical Analysis

Citation profile

5 federal appellate · 2 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If, in defamation cases, recognition of an absolute privilege for judges, legislators and highly placed executive officers of the government, when acting in line of duty, is to serve its intended purpose, it must extend to subordinate officials and employees who execute the official’s orders. * * * If the circumstances impose a compelling moral obligation upon the superi- or to defend and indemnify the subordinates, immunization of the superior alone from direct defamation actions would be a useless formalism. Recognition of an absolute privilege of the subordinate by attribution of the superior thus appears to be a necessary corollary of the superior’s privilege. It is generally recognized that an agent, acting within the scope of his authority, does have whatever privilege the principal would have enjoyed if he had acted for himself. The principle is applicable in defamation actions and, if an authorized agent would have been privileged, subsequent ratification confers the privilege upon an unauthorized agent. -* * * We conclude that the absolute privilege is available to Raus if his in structions were issued with the approval of the Director or of a subordinate authorized by the Director, in the subordinate’s discretion, to issue such instructions, or if the giving of the instructions was subsequently ratified and approved by such official. Id. at 790-791.”

   1 later decision quote this exact passage
   e.g. 384 F. Supp. 99 - Grossman v. McKay