Dusanenko v. Maloney’s Empirical Analysis

Citation profile

8 federal appellate · 2 district ·

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

1. “The actions complained of here were well within the scope of the Town Board’s authority as outlined in the above-quoted sections of Town Law [§ 27]. Clearly the Town Board functioned in a legislative capacity, performing at a local level, tasks similar to those that are carried out by the State Senate and Assembly.... This Court concludes therefore that members of a town board, when acting as local legislators in a capacity comparable to that of members of a state legislature, are entitled to absolute immunity from liability under § 1983, and that they were so acting in setting the salaries for [the plaintiffs]_”

   1 later decision quote this exact passage · from the majority
   e.g. Affrunti v. Zwirn

2. “Obviously, if the voters in this relatively small suburban and rural community think that a transitory majority of its Town Board dealt unfairly with [plaintiffs], it can vindicate their interests at the next Town election. Not every arguably wrong decision made by local legislators is susceptible of redress in the federal courts.”

   1 later decision quote this exact passage · from the majority
   e.g. Orange Lake Associates, Inc. v. Kirkpatrick

3. “This Court believes that in light of our successful history in local government the mischievous reforms of Branti and Elrod should not be extended beyond the express and precise directions of the Supreme Court.”

   1 later decision quote this exact passage · from the majority
   e.g. Gendalia v. Gioffre