Jones v. Slay’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. ““[T]he suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of prosecution.” (Citation omitted). Brady’s protections extend to actions of investigating officers, but “an investigating officer’s failure to preserve evidence potentially useful to the accused or their failure to disclose such evidence does not constitute a denial of due process in the absence of bad faith.” (Citation omitted). ■ “[T]he recovery of § 1983 damages requires proof that a law enforcement officer other than the prosecutor intended to deprive the defendant of a fair trial.” (Citation omitted). “Consequently, to be viable, [a plaintiffs] claim must allege bad faith to implicate a clearly established right under Brady.” (Citation omitted). Brady “does not require the plaintiff to show that the jury in his criminal trial would have acquitted him or that he was innocent.” (Citation omitted). “The question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence.”

   1 later decision quote this exact passage · from the majority
   e.g. 174 F. Supp. 3d 1043 - Brittingham v. Gove-Ortmeyer

2. “"To establish a substantive due process violation, [plaintiff] must demonstrate that a fundamental right was violated and that the conduct shocks the conscience.” (Citation omitted). “[I]n a due process challenge to executive action, the threshold question is whether the behavior of the governmental officer is so egregious, so outrageous, that it may fairly be said to shock the contemporary conscience.” (Citation omitted). Whether conduct shocks the conscience is a question of law. (Citation omitted). “In order to ‘shock the conscience,’ it is .not enough that the government official’s behavior meets the ‘lowest common denominator of customary tort liability.’” (Citation omitted). “[C]onduct intended to injure in some way unjustifiable by any government interest is the sort of official action most likely to rise to the conscience-shocking level.” (Citation omitted). “Only the most severe violations of individual rights that result from the ‘brutal and inhumane abuse of official power’ rise to this level.” (Citation omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. 174 F. Supp. 3d 1043 - Brittingham v. Gove-Ortmeyer