Walker v. Cahalan’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 3 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... [IJnterest in reputation is simply one of a number which the State may protect against injury by virtue of its tort law, providing a forum for vindication of those interests by means of damages actions. And any harm or injury to that interest, even where as here inflicted by an officer of the State, does not result in a deprivation of any ‘liberty’ or ‘property’ recognized by state or federal law, nor has it worked any change of [appellant’s] status as theretofore recognized under the State’s laws. For these reasons we hold that the interest in reputation asserted in this case is neither ‘liberty’ nor ‘property’ guaranteed against state deprivation without due process of law. [Appellant] in this case cannot assert denial of any right vouchsafed to him by the State and thereby protected under the Fourteenth Amendment. That being the case, [appellee’s] defamatory publications, however seriously they may have harmed [appellant’s] reputation, did not deprive him of any ‘liberty’ or ‘property’ interests protected by the Due Process Clause.””

   1 later decision quote this exact passage · from the majority
   e.g. 579 F. Supp. 900 - Morris v. City of Danville

2. “In the instant case, an order of nolle prosequi had been entered as to the murder charge against Lee Dell Walker. Therefore, with nothing currently before the court, we find it difficult to ascribe any judicial or quasi-judicial significance to the prosecutor’s letter. Rather, we agree with the district court that sending the letter to the legislature and releasing it to the press was within the scope of the prosecutor’s general powers. The good faith of Cahalan in doing so would be a defense, see, Scheuer v. Rhodes, 416 U.S. 232, 247-48 , 94 S.Ct. 1683 [1692], 40 L.Ed.2d 90 (1974), but because a question of fact was raised by the pleadings, appellant should have been afforded an opportunity to prove that the prosecutor acted with malice.”

   1 later decision quote this exact passage · from the majority
   e.g. 582 F. Supp. 717 - Schieb v. Humane Soc. of Huron Valley