McCray v. Burrell’s Empirical Analysis

Citation profile

62 federal appellate · 18 district · 8 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 148 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The disagreement between the Court of Appeals and the District Court over the immunity standard in this case has been put in terms of an “objective ” versus a “subjective ” test of good faith. As we see it, the appropriate standard necessarily contains elements of both. The official himself must be acting sincerely and with a belief that he is doing right, but an act violating a student's constitutional rights can be no more justified by ignorance or disregard of settled, indisputable law on the part of one entrusted with supervision of students’ daily lives than by the presence of actual malice. 25”

   2 later decisions quote this exact passage · from the majority
   e.g. Thompson v. Anderson · 481 F. Supp. 203 - Bailey v. Lally

2. “In this state of the law, it is inappropriate to consider the policy considerations which might dictate a different course of decision. They must be addressed to the Supreme Court, which alone can overrule its prior decisions, or to the Congress, which has authority to amend the [law]. Our duty is clear: We must follow the Supreme Court, not attempt to lead it.”

   2 later decisions quote this exact passage · from the majority
   e.g. Medley v. Ginsberg · Sheppard v. Moore

3. “Our prior decisions establish that when a prison guard acts in reliance on a good faith belief that what he is doing is constitutionally permissible, he is immune to damages as a consequence of his action even if it should be later established that his belief was ill-founded. Skinner v. Spellman, 480 F.2d 539 (4 Cir. 1973). Cf. Eslinger v. Thomas, 476 F.2d 225 (4 Cir. 1973); Hill v. Rowland, 474 F.2d 1374 (4 Cir. 1973). In applying the test, however, the district court seemed to conclude that because the defendants appeared to have complied with both the substance of the written directive with regard to the isolation of prisoners suspected of mental illness and the “normal operating procedure” of removing the clothing of “a prisoner who had exhibited an unstable mental and emotional state,” 367 F.Supp. at 1217, immunity to damages followed as a matter of course. We do not perceive that the immunity doctrine may be applied in this fashion. Additional findings must be made before it may be properly concluded that defendants are immune, and it may be necessary to adduce additional evidence for those findings to be made. Most important, defendants may not avail themselves of the defense until they have proved that they had a good-faith belief in the legality of what they did. Since what is sought to be proved is a matter of defense, the burden of proof is upon them.”

   1 later decision quote this exact passage · from the majority
   e.g. Thompson v. Anderson