Porter v. Epps’s Empirical Analysis

Citation profile

9 federal appellate ·

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

1. “there must be 'actual or constructive notice' 'that a particular omission in their training program causes ... employees to violate citizens' constitutional rights' and the actor nevertheless 'choose[s] to retain that program.'”

   3 later decisions quote this exact passage · from the majority
   e.g. Zadeh v. Robinson · Zadeh v. Robinson

2. “Detention of a prisoner for over thirty days beyond the expiration of his sentence in the absence of a facially valid court order or warrant constitutes a deprivation of due process.”

   2 later decisions quote this exact passage · from the majority
   e.g. Moya v. Garcia · Moya v. Garcia

3. ““[D]eliberate indifference” is a stringent standard of fault, requiring proof that a municipal actor disregarded a known or obvious consequence of his action. Thus, when city policymakers are on actual or constructive notice that a particular omission in their training program causes city employees to violate citizens’ constitutional rights, the city may be deemed deliberately indifferent if the policymakers choose to retain that program. The city’s policy of inaction in light of notice that its program will cause constitutional violations is the functional equivalent of a decision by the city itself to violate the Constitution.”

   1 later decision quote this exact passage · from the majority
   e.g. Barrios-Barrios v. Clipps