Davis v. Paul’s Empirical Analysis

Citation profile

10 federal appellate · 7 district ·

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

1. “The harm is all the more apparent because the branding has been done by law enforcement officials with the full power, prestige and authority of their positions. There can be little doubt that a person's standing and associations in the community have been damaged seriously when law enforcement officials brand him an active shoplifter, accuse him of a continuing course of criminal conduct, group him with criminals and distribute his name and photograph to the merchants and businessmen of the community. Such acts are a direct and devastating attack on the good name, reputation, honor and integrity of the person involved. The fact of an arrest without more may impair or cloud a person's reputation. Michelson v. United States, 335 U.S. 469 , 482, 69 S.Ct. 213, 93 L.Ed. 168 (1948). Such acts on the part of law enforcement officials may result in direct economic loss and restricted opportunities for schooling, employment and professional licenses. Menard v. Mitchell, 139 U.S.App.D.C. 113, 430 F.2d 486 , 490 (1970).”

   1 later decision quote this exact passage · from the concurrence
   e.g. Paul v. Davis

2. “We think that the italicized language in the last sentence quoted, ‘because of what the government is doing to him,’ referred to the fact that the governmental action taken in that case deprived the individual of a right previously held under state law — the right to purchase or obtain liquor in common with the rest of the citizenry. ‘Posting,’ therefore, significantly altered her status as a matter of state law, and it was that alteration of legal status which, combined with the injury resulting from the defamation, justified the invocation of procedural safeguards. The ‘stigma’ resulting from the defamatory character of the posting was doubtless an important factor in evaluating the extent of harm worked by that act, but we do not think that such defamation, standing alone, deprived Constantineau of any ‘liberty’ protected by the procedural guarantees of the Fourteenth Amendment.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Morgan v. Mansfield

3. “an employer may not make an inquiry about or require an application to disclose or reveal an arrest or a criminal accusation made against the applicant, which is not pending against the applicant or did not result in a conviction.” D.C. Code § 32-1342 (a) (alterations omitted). 22 . HPES may have misunderstood the nature of this claim. Plaintiffs Kohler, Ridgell, Zaga-mi, and Jacobs assert a direct-liability theory of negligent hiring of a subcontractor, as opposed to a claim of negligence based on the vicarious liability doctrine of respondeat superior. 23 . The Court notes that some Plaintiffs use the term "criminal history” to refer to Mr. Alexis’s arrest record and pre-2012 actions although he was not prosecuted for any offense, let alone convicted of a crime. "There is no rational basis to presume guilt and active criminality from the mere fact of an arrest”

   1 later decision quote this exact passage · from the concurrence
   e.g. Halmon-Daniels v. Experts, Inc.