Odd v. Malone’s Empirical Analysis

Citation profile

13 federal appellate · 5 district · 1 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A prosecutor bears the “heavy burden” of establishing entitlement to absolute immunity. Light v. Haws, 472 F.3d 74, 80-81 (3d Cir.2007) (quoting Forsyth v. Kleindienst, 599 F.2d 1203, 1212 (3d Cir.1979)). In light of the Supreme Court’s “quite sparing” recognition of absolute immunity to § 1983 liability, we begin with the presumption that qualified rather than absolute immunity is appropriate. Carter v. City of Philadelphia, 181 F.3d 339 , 355 (3d Cir.1999) (citing Burns v. Reed, 500 U.S. 478, 486-87 , 111 S.Ct. 1934 , 114 L.Ed.2d 547 (1991)). To overcome this presumption, a prosecutor must show that he or she was functioning as the state’s advocate when performing the action(s) in question. Yarris, 465 F.3d at 136. This inquiry focuses on “the nature of the function performed, not the identity of the actor who performed it.” Light , 472 F.3d at, 78 (quoting Hughes v. Long, 242 F.3d 121, 125 (3d Cir.2001)). Under this functional approach, a prosecutor enjoys absolute immunity for actions performed in a judicial or “quasi-judicial” capacity. Giuffre, 31 F.3d at 1251 (quoting Imbler v. Pachtman, 424 U.S. 409, 430 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976)); Rose v. Bartle, 871 F.2d 331, 346 (3d Cir.1989). Thus, immunity attaches to actions “intimately associated with the judicial phases of litigation,” but not to administrative or investigatory actions unrelated to initiating and conducting judicial proceedings. Giuffre, 31 F.3d at 1251 (quoting Imbler, 424 U.S. at 430 , 96 S.Ct. ”

   3 later decisions quote this exact passage · from the majority
   e.g. O'Donnell v. Knott · 719 F. Supp. 2d 419 - Peterson v. Bernardi

2. “We can imagine few circumstances under which we would consider the act of disobeying a court order or directive to be advocative, and we are loath to grant a prosecutor absolute immunity for such disobedience.”

   1 later decision quote this exact passage · from the majority
   e.g. Siehl v. City of Johnstown

3. “demanded that [the A.D.A.] appear before her to explain why the plaintiff had been forced to remain in jail.” Judge Means' reaction here was similar. Judge Means and his staff were”

   1 later decision quote this exact passage · from the majority
   e.g. Schneyder v. Smith