Clemons v. Runck’s Empirical Analysis

Citation profile

6 federal appellate ·

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. ““In addition to actual damages, the law permits the jury, under certain circumstances, to award the injured person punitive and exemplary damages, in order to punish the wrongdoer for some extraordinary misconduct, and to serve as an example or warning to others not to engage in such conduct. “If the jury should find from a preponderance of the evidence in the case that the plaintiff is entitled to a verdict for actual or compensatory damages; and should further find that the act or omission of a defendant, which proximately caused actual injury or damage to the plaintiff, was either maliciously, or wantonly, or oppressively done; then the jury may, if in the exercise of discretion they unanimously choose so to do, add to the award of actual damages such amount as the jury shall unanimously agree to be proper, as punitive and exemplary damages. “An act or failure to act is ‘maliciously’ done if prompted or accompanied by ill will, or spite, or grudge, either toward the injured person individually, or toward all persons in one or more groups or categories of which the injured person is a member. “An act or failure to act is ‘wantonly’ done if done with actual knowledge that the action is a violation of rights secured by the Constitution and the laws of the United States, or done in reckless disregard of the rights of one or more persons including the injured person. “An act or a failure to act is ‘oppressively’ done, if done in a way or manner which injures, or damages, or oth”

   1 later decision quote this exact passage
   e.g. 409 F. Supp. 876 - Parker v. Shonfeld

2. ““Now, several things about this punitive or exemplary damage thing. First, under the Civ il Rights Act there is no — as you and I would say if we were talking outside on the street— there is no limitation that the jury has on the exemplary damage award. The sky is the limit. That’s the way we say it out in the street. Of course, this is a reasonable, sensible jury, and we are taking that as an extreme. “However, the jury should be informed of this: Under the Fair Housing Act, Congress, dealing with the same subject, has put a limitation on what a court, say, can award or what a jury can award under that Act of $1,000. “Now, we repeat, the fact that the thousand limit applies to the Fair Housing Act is no limit and you are not limited to the thousand as a matter of law. You are not limited to that if you reach this point in applying the Civil Rights Act of 1866. “You may — in fact, this Court says you should — take into consideration the expression of Congress for what value you, the jury, think it has. At least federal courts are getting jumped on all around the country for supposedly disregarding Congress. So at least we will tell you that you may, it’s the jury’s province to take that into consideration in passing on this point.” 402 F.Supp. at 868 .”

   1 later decision quote this exact passage
   e.g. 409 F. Supp. 876 - Parker v. Shonfeld