Begg v. Moffitt’s Empirical Analysis

Citation profile

11 federal appellate · 3 district · 4 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The justifications which we have found sufficient to uphold takings of property without any predeprivation process are applicable to a situation such as the present one involving a tortious loss of a prisoner’s property as a result of a random and unaothorized act by a state employee. In such a case, the loss is not a result of some established state procedure and the state cannot predict precisely when the loss will occur. 451 U.S. at 541 , 101 S.Ct. at 1916 .”

   3 later decisions quote this exact passage · from the concurrence
   e.g. 591 F. Supp. 1090 - Spell v. McDaniel · 591 F. Supp. 897 - Mother Goose Nursery Schools, Inc. v. Sendak

2. ““To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it. * * * Property interests, of course, are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law — rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.””

   1 later decision quote this exact passage · from the majority
   e.g. Dworak v. Village of Wilmette