Blitz v. Boog’s Empirical Analysis

Citation profile

27 federal appellate · 6 district · 4 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It does indeed go without saying that an official, who is in fact guilty of using his powers to vent his spleen upon others, or for any other personal motive not connected with the public good, should not escape liability for the injuries he may so cause; and, if it were possible in practice to confine such complaints to the guilty, it would be monstrous to deny recovery. The justification for doing so is that it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute, or the most irresponsible, in the unflinching discharge of their duties. Again and again the public interest calls for action which may turn out to be founded on a mistake, in the face of which an official may later find himself hard put to it to satisfy a jury of his good faith. There must indeed be means of punishing public officers who have been truant to their duties; but that is quite another matter from exposing such as have been honestly mistaken to suit by anyone who has suffered from their efforts. As is so often the case, the answer must be found in a balance between the evils inevitable in either alternative. In this instance it has been thought in the end better to leave un-redressed the wrongs done by dishonest officers than to subject those who try to do their duty to the const”

   2 later decisions quote this exact passage · from the majority
   e.g. Konigsberg v. Hunter · Black v. Sheraton Corp. of America

2. “The provision of this chapter and section 1346(b) [the general waiver of sovereign immunity] of this title shall not apply to— * :S * (h) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: Provided, That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising, on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, “investigative or law enforcement officer” means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.”

   1 later decision quote this exact passage · from the majority
   e.g. Nguyen v. United States

3. ““There is no litmus paper test to distinguish acts of discretion, * * * and to require a finding of ‘discretion’ would merely postpone, for one step in the process of reasoning, the determination of the real question — is the act complained of the result of a judgment or decision which it is necessary that the Government official be free to make without fear or threat of vexatious or fictitious suits and alleged personal liability?” Ove Gustavsson C. Co. v. Floete, 299 F.2d 655 , 659 (2d Cir. 1962), cert. denied, 374 U.S. 827 , 83 S.Ct. 1862 , 10 L.Ed.2d 1050 (1963); quoted with approval in Blitz v. Boog, 328 F.2d 596, 599 (2d Cir. 1964), cert. denied, 379 U.S. 855 , 85 S.Ct. 106 , 13 L.Ed.2d 58 .”

   1 later decision quote this exact passage · from the majority
   e.g. Hendry v. United States