Hayes v. Patrick’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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Even if Patrick’s version of the facts are taken as true, it is my belief Mr. Patrick performed a dangerous maneuver when he directed his water craft toward Tracy Sharp’s water craft and then made a turn near the swimming area. In my expert opinion such conduct could be perceived by a reasonably prudent game warden as, and constituted, operating a water craft in a reckless and dangerous manner, even if, as Mr. Patrick stated, he did not believe that he was danger ously near Ms. Sharp or that she was in fact splashed during his turn. This conduct threatened the safety, not only of Tracy Sharp, but of persons swimming in the roped off area along the shoreline. This is true even if Keith Patrick was not operating at an excessive speed and was maintaining a proper lookout for other water craft as he stated.... ... Mr. Patrick’s behavior in operating his jet ski, coupled with the suspicion of use of alcohol and the number of people in the area along the shore, support Hayes’ decision to immediately stop Mr. Patrick.... Hayes could have believed, and a reasonably prudent game warden could have believed, that Patrick would again enter the shoreline operating in a [dangerous manner]. The area around the race course had fewer boaters and no swimmers and the spacing of the buoys was such that Hayes’ patrol boat could safely maneuver through the middle of the course without creating a significant risk of danger to the four or five personal water craft operators going around the course. ”

   1 later decision quote this exact passage
   e.g. Hayes v. Patrick

2. “Based on the summary judgment record, we conclude that, although a reasonable officer might have determined that, based on Hayes’s version of the facts, it was immediately necessary to stop Patrick on the course when all of the summary judgment evidence is viewed in the fight most favorable to Patrick, there is evidence that, if believed, would allow a fact finder to determine that no reasonably competent person in Hayes’s position could have thought that the facts justified the actions Hayes took in pursuing Patrick. [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. Hayes v. Patrick