Rogers’s Empirical Analysis

Citation profile

3 federal appellate · 1 district · 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[pjarents and children have a well-elaborated constitutional right to live together without governmental interference. The Fourteenth Amendment guarantees that parents will not be separated from their children without due process of law except in emergencies. Officials violate this right if they remove a child from the home absent information at the time of the seizure that establishes reasonable cause to believe that the child is in imminent danger of serious bodily injury and that the scope of the intrusion is reasonably necessary to avert that specific injury. The Fourth Amendment also protects children from removal from their homes absent such a showing. Officials, including social workers, who remove a child from its home without a warrant must have reasonable cause to believe that the child is likely to experience serious bodi ly harm in the time that would be required to obtain a warrant.”

   1 later decision quote this exact passage · from the majority
   e.g. 683 F. Supp. 2d 1097 - Robinson v. TRIPLER ARMY MEDICAL CENTER

2. “the law was clearly established ... that a child could not be removed from the home without prior judicial authorization absent evidence of 'imminent danger of serious bodily injury,'”

   1 later decision quote this exact passage · from the majority
   e.g. Rabinovitz v. City of L. A.