Marson v. Thomason’s Empirical Analysis

Citation profile

12 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When performance of the job allows for the governmental employee to make a judgment call, or set a policy, the fact that there is uncertainty as to what acts will best fulfill the governmental purpose has resulted in immunity being extended to those acts where the governmental employee must exercise discretion.”

   2 later decisions quote this exact passage · from the majority
   e.g. Jacobi v. Holbert · Bryant v. Louisville Metro Hous. Auth.

2. “duty to provide a safe school environment, but they are not insurers of children's safety[,]”

   2 later decisions quote this exact passage · from the majority
   e.g. Mucker v. Brown · Ritchie v. Turner

3. “The distinction between discretionary acts and mandatory acts is essentially the difference between making higher-level decisions and giving orders to effectuate those decisions, and simply following orders. Or, as we have stated, “Promulgation of rules is a discretionary function; enforcement of those rules is a ministerial function.” Williams v. Kentucky Dept. of Educ., 113 S.W.3d 145, 150 (Ky.2003).”

   1 later decision quote this exact passage · from the majority
   e.g. Mucker v. Brown