Epps v. Watson’s Empirical Analysis

Citation profile

3 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[m]ore than mere conclusory notice pleading is required. A complaint will be dismissed as insufficient where the allegations it contains are vague and conclusory.... Unsupported conclusions of law or of mixed fact and law have long been recognized not to prevent a Rule 12(b)(6) dismissal. We must also keep in mind the fact that we generally accord official conduct a presumption of legitimacy.”

   2 later decisions quote this exact passage · from the majority
   e.g. Abella v. Simon · Mamie A. Horne v. Social Security Administration

2. “A public official who asserts a defense of qualified immunity must establish that he was "engaged in a 'discretionary function’ when he performed the acts of which the plaintiff complains.” Where there is no dispute as to the discretionary nature of the actions complained of, like here, we look to determine (1) whether the plaintiff has faclually alleged the deprivation of a constitutional right; and (2) whether that right was clearly established at the time of the violation. The plaintiff bears the burden of proof as to both of these determinations.”

   1 later decision quote this exact passage · from the majority
   e.g. Abella v. Simon

3. “it is clearly established that an employee with a protected property interest in continued employment may not be terminated without due process of law”

   1 later decision quote this exact passage · from the majority
   e.g. Monce v. Marshall Cnty. Bd. of Educ.