Brandon v. Allen’s Empirical Analysis

Citation profile

7 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The actual physical damages to Brandon would appear on the surface to be minor. She received minor lacerations to. her face as the result of the windshield shattering, when Allen fired a shot at the vehicle being driven by Muse (Trial Transcript at 15). It was further determined that a splinter of the bullet lodged in her cheek, and was removed by her father with tweezers a few days later (16). Brandon was treated at the emergency room and required no further treatment (15). However, Brandon was obviously terrified when she saw Muse, bleeding seriously, and claiming that he was “hurt real bad” attempting to outrun the enraged Allen in a wild vehicle chase to the hospital. She also indicated that, since that time, she has become afraid and cringes when she sees a policeman or police car. This incident disrupted her senior year in high school. Her parents had to escort her on dates because of her fear Allen might finish what he started to do (Transcript, 18-19). The injuries of plaintiff Muse are considerably more serious than those of plaintiff Brandon. Allen maliciously, and without provocation, struck Muse in the neck and head with his fist, and then stabbed and cut Muse on the left side of the neck, and on the right side of the head. The cutting on the left side of the neck was dangerously close to the jugular vein, and caused a laceration of some 8 to 10 inches (Trial Transcript at p. 30-33). As a result of this cut, “a fountain of blood” errupted (Transcript at 24). Muse ”

   1 later decision quote this exact passage · from the majority
   e.g. 645 F. Supp. 1261 - Brandon v. Allen

2. “[Petitioners], who were seventeen years of age, drove to the Memphis Hunt and Polo Club while on a date and parked in a dark and secluded driveway area. . . . After approximately thirty minutes had elapsed, a Chevrolet pickup truck entered the driveway where [petitioners] were parked. . . . The driver of the truck identified himself to [petitioners] as a police officer and showed them an official police identification card bearing the name and photograph of Robert J. Allen. . . . Mr. Allen ordered Mr. Muse to step out of the car. After briefly questioning him, Officer Allen maliciously, and without provocation, struck Mr. Muse in the neck and head with his fist and then stabbed and cut Muse on the neck and ear with a knife. As Officer Allen tried to break into the car where [petitioner] Elizabeth A. Brandon was seated, Mr. Muse jumped into the driver's side of the car and quickly drove away. Officer Allen fired one shot at the escaping vehicle from his police revolver. The bullet shattered the front window on the driver's side of the car. Officer Allen followed plaintiffs in a high speed chase which ended at St. Joseph's Hospital East, where plaintiffs sought medical care and assistance and reported the unprovoked attack upon them by Officer Allen.”

   1 later decision quote this exact passage · from the majority
   e.g. Brandon v. Holt

3. “Due to a code of silence induced by peer pressure among the rank-and-file officers and among some police supervisors, few—if any—formal complaints were ever filed by police personnel. Furthermore, when complaints were filed by citizens, little disciplinary action was apparently taken against the offending officer. Instead, a standard form letter, bearing Mr. Chapman's signature, was mailed to each complainant, assuring the person that appropriate action had been taken by the Police Department, even if such action had not in fact been taken. This tended to discourage follow-up measures by the complaining citizen. Perhaps, Mr. Chapman's belief that it was better to take no disciplinary action than to act and later be reversed by a review board was responsible for this obviously inadequate solution. The end result was twofold: 1) Mr. Chapman's procedures were highly conducive to 'covering up' officer misconduct; 2) the Police Director and many of his supervisors were totally insulated from knowledge of wrongdoing by officers as a result of policies in effect during that period of Mr. Chapman's relatively new administration.”

   1 later decision quote this exact passage · from the majority
   e.g. Brandon v. Holt