Pearson v. Reed’s Empirical Analysis

Citation profile

1 federal appellate · 2 district · 28 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The office of public prosecutor is one which must be administered with courage and independence. Yet how can this be if the prosecutor is made subject to suit by those whom he accuses and fails to convict? To allow this would open the way for unlimited harassment and embarrassment of the most conscientious officials by those who would profit thereby.””

   4 later decisions quote this exact passage
   e.g. Berry v. State · Carden v. George

2. ““Principles of public policy declared and expounded by courts which have given the subject exhaustive consideration lead irresistibly to the conclusion that no such liability exists. No policy has been declared and maintained more firmly than the one which preserves the independence and freedom of action of judicial and qitasi-judicial officers acting in official capacity. The exception runs as to liability for damages resulting from official acts, although they be done without probable cause and with malice. There are but few cases in which the courts have been called upon to decide whether the immunity is extended to a prosecuting officer. The latter question has not been decided in California. In approaching a consideration of the question, it will be helpful to review briefly the principles underlying the rule. “In Bradley v. Fisher, 13 Wall. (80 U. S.) 335, 337 [ 20 L.Ed. 646, 647 ], Justice Field used the following language: ‘For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions without apprehension of personal consequence to himself. Liability to answer to everyone who might feel himself aggrieved by the action of the judge would be inconsistent with the possession of this freedom and would destroy that independence, without which no judiciary can be either respectable or useful. As observed by a distinguished Engli”

   1 later decision quote this exact passage
   e.g. 147 Cal. App. 2d 515 - Singer v. Bogen

3. “The office of public prosecutor is one which must be administered with courage and independence. . . . To allow [suits against the prosecutor] . . . would open the way for unlimited harassment and embarrassment of the most conscientious officials by those who would profit thereby. . . . The apprehension of such consequences would tend toward great uneasiness and toward weakening the fearless and impartial policy which should characterize the administration of this office.”

   1 later decision quote this exact passage
   e.g. Edwards v. Gerstein