Public-domain · open source
OpenJurist
← 657 So. 2d 830 - Byrd v. Sullivan

657 So. 2d 830 - Byrd v. Sullivan’s Empirical Analysis

1995

Citation profile

11
cited by 11 later decisions
1
states following
March 2007
most recently cited

11 state decisions

Relationships

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Wood v. Strickland · Nance by and Through Nance v. Matthews · Davis v. Little · 582 So. 2d 1085 - White v. Birchfield · Smith v. Arnold

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

  1. “"Article I, § 14 , Ala. Const. (1901), provides that the State of Alabama shall not be made a defendant 'in any court of law or equity'; this is the constitutional basis for the doctrine of sovereign immunity. County boards of education, as local agencies of the State, partake of this immunity. Hutt v. Etowah County Bd. of Educ. , 454 So.2d 973 , 974 (Ala. 1984). An individual who, while acting as a State agent, engages in the exercise of a discretionary function may also be entitled to qualified immunity. Nance v. Matthews , 622 So.2d 297 (Ala. 1993); see also Faulkner v. Patterson , 650 So.2d 873 (Ala. 1994). 'Discretionary acts' have been defined as *Page 127 '[t]hose acts [as to which] there is no hard and fast rule as to course of conduct that one must or must not take . . . [;] [those requiring] exercise in judgment and choice and [involving] what is just and proper under the circumstances.' Black's Law Dictionary 467 (6th ed. 1990); see also Smith v. Arnold , 564 So.2d 873 , 876 (Ala. 1990); Nance v. Matthews , supra."”
    2 later decisions quote this exact passage
  2. “"[t]hose acts [as to which] there is no hard or fast rule as to [the] course of conduct that one must or must not take . . .[;] [those requiring] exercise in judgment and choice and [involving] what is just and proper under the circumstances."”
    1 later decision quote this exact passage
  3. “School officials are entitled to qualified immunity from § 1983 liability for good faith, nonmalicious actions taken to fulfill their official duties. Wood v. Strickland , 420 U.S. 308 , 318 , 95 S.Ct. 992 , 999 , 43 L.Ed.2d 214 (1975).”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.