Rougeau v. Shepard’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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At the same time that it sought to lower judicial access barriers to the indigent, however, Congress recognized that a "litigant whose filing fees and court costs are assumed by the public, unlike a paying litigant, lacks an economic incentive to refrain from filing frivolous, malicious, or repetitive lawsuits." [citations omitted]. In response to this concern, Congress included subsection (d) as part of the statute, which allows the courts to dismiss an in forma pauperis complaint "if satisfied that the action is frivolous or malicious."”

   1 later decision quote this exact passage
   e.g. 647 So. 2d 678 - Bilbo v. Thigpen

2. “[o]ne purpose of the `Spears' hearing is to determine whether or not the prisoner should be permitted to file and proceed on his complaint in forma pauperis. Another purpose is to determine whether the inmate's complaint suffers from frivolity.”

   1 later decision quote this exact passage
   e.g. 647 So. 2d 678 - Bilbo v. Thigpen

3. “Spears-McCotter hearings are not explicitly authorized by our state statutes or court rules. It is a federal procedure consonant with our law given approval in Blanks for a limited purpose.”

   1 later decision quote this exact passage
   e.g. 647 So. 2d 678 - Bilbo v. Thigpen