Loubser v. Thacker’s Empirical Analysis

Citation profile

14 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Loubser does not have a lawyer. Although her self-authored complaint is quite well written, it is sprawling — 71 pages long divided into 115 paragraphs — disorganized, and repetitious. Worse, it has a paranoid quality, with some of the allegations bordering on, perhaps crossing over into, the fantastic. The complaint charges that over a three-year period beginning in August of 2001, state judges and court reporters, Loub-ser’s own lawyers, her former husband, building contractors, the owner of a jewelry store, and numerous friends and relatives of the other conspirators, conspired to destroy her financially and drive her out of the country by manipulating the divorce proceedings to deny her due process of law, and that they did all this because they consider her a “fucking South African Bitch who makes too much Fucking Money” as a physical therapist. One of the defendants, she charges, destroyed title documents essential to her divorce proceedings; two of the defendants effaced all records of the existence of a related case; her own lawyers, along with court reporters, altered transcripts; her lawyers refused to present crucial evidence; the judge presiding over the divorce proceeding consorted improperly with Loubser’s ex-husband and a number of his witnesses, one of whom touched the judge and “rubbed his belly” (at a party, though, not in court). Among still other allegations, Loubser charges that the judge joked about golf with a witness while he was testifying and the cou”

   1 later decision quote this exact passage · from the majority
   e.g. 497 F. Supp. 2d 934 - Loubser v. Pala

2. “The grounds on which the district court dismissed [plaintiffs] suit were erroneous. The claim that a defendant in a civil rights suit “so far succeeded in corrupting the state .judicial process as to obtain a favorable judgment” is not barred by the Rooker-Feldman doctrine. Otherwise there would be no federal remedy other than an appeal to the U.S. Supreme Court, and that remedy would be ineffectual because the plaintiff could not present evidence showing that the judicial proceeding had been a farce; one cannot present evidence to an appellate court. This is in general rather than in every case, and maybe Indiana law would have enabled [plaintiff] to present evidence in her appeal, but this issue has not been addressed.”

   1 later decision quote this exact passage · from the majority
   e.g. 607 F. Supp. 2d 911 - Rangel v. Reynolds

3. “[Although conspiracy is not something that Rule 9(b) of the Federal Rules of Civil Procedure requires be proved with particularity ... it differs from other claims in having a degree of vagueness that makes a bare claim of ‘conspiracy’ wholly uninformative to the defendant. Federal pleading entitles a defendant to notice of the plaintiffs claim so that he can prepare responsive pleadings. That is why courts require the plaintiff to allege the parties, the general purpose, and the approximate date of the conspiracy.”

   1 later decision quote this exact passage · from the majority
   e.g. 607 F. Supp. 2d 911 - Rangel v. Reynolds