Jacobi v. Holbert’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] discretionary act is usually described as one calling for a 'good faith judgment call[ ] made in a legally uncertain environment.' " Jacobi , 553 S.W.3d at 261 (quoting Marson v. Thomason , 438 S.W.3d 292 , 297 (Ky. 2014) (quoting Yanero , 65 S.W.3d at 522 ) ). "[D]iscretionary acts or functions are those that necessarily require the exercise of reason in the adaptation of means to an end, and discretion in determining how or whether the act shall be done or the course pursued.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Bryant v. Louisville Metro Hous. Auth. · Peterson v. Foley

2. “When performance of the job allows for the governmental employee to make a judgment call, or set a policy, the fact that there is uncertainty as to what acts will best fulfill the governmental purpose has resulted in immunity being extended to those acts where the governmental employee must exercise discretion.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Bryant v. Louisville Metro Hous. Auth.

3. “Qualified official immunity applies to public officers or employees if their actions are discretionary (i.e., involving personal deliberation, decisions, and judgment) and are made in good faith and within the scope of their authority or employment.”

   1 later decision quote this exact passage · from the majority
   e.g. Peterson v. Foley