Gates v. Collier’s Empirical Analysis

Citation profile

43 federal appellate · 4 district · 2 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the instant case, we have no difficulty in finding that defendants’ actions were unreasonable and obdurately obstinate. From commencement of the suit on February 8, 1971, defendants staunchly denied the existence of unconstitutional practices and conditions at Parchman. Defendants continued to adhere to this position at several lengthy evidentiary hearings of an interlocutory nature. The position thus consistently maintained by defendants compelled plaintiffs’ attorney to expend time and expenses which otherwise would have not been incurred. Consequently, in preparation of plaintiffs’ case, plaintiffs’ attorney engaged in extensive pre-trial discovery, made numerous trips to Parch-man, interviewed hundreds of inmates, and submitted a plethora of motions and accompanying legal memoranda. We are convinced that only because of the overwhelming magnitude of evidence gathered by plaintiffs’ attorney in cooperation with the Department of Justice in support of the allegations contained in the complaint did defendants in effect recognize the futility of a full evidentiary hearing and submit the ease on á virtually agreed record.”

   1 later decision quote this exact passage · from the majority
   e.g. Miller v. Carson

2. ““This Court has said that in such a suit as this the award of attorney’s fees is not an award of damages against the State, even, though funds for payment of the costs may come from the state appropriations. * -» * * * * “Although the trial court had the power to assess attorney’s fees and expenses against the individual defendants found to have engaged in the unconstitutional conduct, we think it does not vitiate the award because the trial court prescribed that this part of the costs were to be payable ‘from funds which the Mississippi Legislature, at its 1973 Session, may appropriate for the operation of the Mississippi State Penitentiary,’ and were not to be ‘the personal, or individual, liability of the varied defendants or any of them.’ ” Id. at 302 (footnote omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. Kirkland v. New York State Department of Correctional Services

3. ““. . .in such a suit as this the award of attorney’s fees is not an award of damages against the State, even though funds for payment of the costs may come from the state appropriations.” 489 F.2d at 302 .”

   1 later decision quote this exact passage · from the majority
   e.g. Welsch v. Likins