State v. Lutz’s Empirical Analysis

Citation profile

1 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. “Between the subjective and objective formulations, a middle ground has been recognized. Ohio for exam-pie, has adopted the Prendergrass rule in teacher-pupil cases but not in parent-child situations. The reason offered for the distinction is that in the relatively objective teacher-pupil relationship the teacher acts in a quasi-judicial capacity which requires a maximum of discretion, and, therefore, should be given the benefit of a subjective (good faith) standard. The Legal Framework for Child Protection. 8”

   1 later decision quote this exact passage
   e.g. 388 F. Supp. 543 - Sims v. Waln

2. “1. A school teacher stands in loco parentis and acts in a quasi judicial capacity and is not liable for an error in judgment in the matter of punishment of a pupil. 2. There is a presumption of correctness of the teacher’s actions and that he acts in good faith.”

   1 later decision quote this exact passage
   e.g. 388 F. Supp. 543 - Sims v. Waln