Ferri v. Ackerman’s Empirical Analysis

Citation profile

195 federal appellate · 18 district · 113 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 499 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For when a state law creates a cause of action, the State is free to define the defenses to that claim, including the defense of immunity, unless, of course, the state rule is in conflict with federal law.”

   36 later decisions quote this exact passage
   e.g. Martinez v. California · Owen v. City of Independence

2. “(w)hen federal law is the source of the plaintiff's claim, there is a federal interest in defining the defenses to that claim, including the defense of immunity.”

   2 later decisions quote this exact passage · from the majority
   e.g. Black v. Bayer · Tara Kanter v. City of Philadelphia

3. ““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 satisfy the jury of his good faith. There must indeed be means of punishing public officials 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 errors. 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 unredressed the wrongs done by dishonest officers than to subject those who try to do their duty to the constant dread of retaliation. Judged as res nova, we should not hesitate to follow the path laid down in the books.”

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