43 F. Supp. 2d 978 - Moore v. Hosier’s Empirical Analysis

Citation profile

3 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The facts and evidence discussed above, including the videotape, reveal that [the inmate] was indeed "manhandled" by the officers. However, the pepper spray and restraining chair were used to subdue [the inmate], who was being uncooperative and who by all accounts was acting strangely while held at the [jail]. As Defendants point out, "'[m]aintaining institutional security and preserving institutional order are essential goals that may require limitation or retraction of the retained rights of both convicted prisoners and pretrial detainees.'" Defendants' Brief, p. 17 (quoting Bell[v. Wolfish, 441 U.S. 520, 546 , 99 S.Ct. 1861 (1979)]). Under the circumstances of the present case, while the officers' treatment of [the inmate] may have been somewhat rough, it was clearly not unnecessary or unprovoked. There is clearly quite a difference between using reasonable force to subdue an inmate and committing the intentional tort of battery against that inmate. The evidence reveals that it was the former situation that occurred when certain of the Defendants handcuffed [the inmate] and strapped him in a restraining chair. Accordingly, the Defendants' are entitled to summary judgment on [the inmate's] claim for assault and battery.”

   1 later decision quote this exact passage
   e.g. BREASTON v. Books

2. “c. Retention in employment of servants known to misconduct themselves. There may be circumstances in which the only effective control which the master can exercise over the conduct of his servant is to discharge the servant. Therefore the master may subject himself to liability under the rule stated in this Section by retaining in his employment servants who, to his knowledge, are in the habit of misconducting themselves in a manner dangerous to others.”

   1 later decision quote this exact passage
   e.g. Doe v. ATC, INC.

3. “by the officers. However, the pepper spray and restraining chair were used to subdue [the inmate], who was being uncooperative and who by all accounts was acting strangely while held at the [jail]. As Defendants point out,”

   1 later decision quote this exact passage
   e.g. BREASTON v. Books