Doe v. Luzerne County’s Empirical Analysis

Citation profile

12 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The United States Constitution does not mention an explicit right to privacy and the United States Supreme Court has never proclaimed that such a generalized right exists.” C.N. v. Ridgewood Bd. of Educ., 430 F.3d 159 , 178 (3d Cir. 2005). But see Sterling v. Borough of Minersville, 232 F.3d 190, 193 (3d Cir. 2000) (stating that the Supreme Court “acknowledged the individual’s constitutional right to privacy” in Griswold v. Connecticut, 381 U.S. 479 , 85 S.Ct. 1678 , 14 L.Ed.2d 510 (1965)). The Supreme Court, however, has found certain constitutional “zones of privacy.” C.N., 430 F.3d at 178 (citing Roe v. Wade, 410 U.S. 113, 152-53 , 93 S.Ct. 705 , 35 L.Ed.2d 147 (1973)). From these zones of privacy, we have articulated two types of privacy interests rooted in the Fourteenth Amendment. Nunez v. Pachman, 578 F.3d 228 , 231 n.7 (3d Cir. 2009); see also Malleus v. George, 641 F.3d 560, 564 (3d Cir. 2011); C.N., 430 F.3d at 178. The first privacy interest is the “individual interest in avoiding disclosure of personal matters,” and the second is the “interest in independence in making certain kinds of important decisions.” C.N., 430 F.3d at 178; see also Malleus, 641 F.3d at 564 ; Hedges v. Musco, 204 F.3d 109, 121 (3d Cir. 2000). The first privacy interest is at issue in this-matter. “ ‘The right not to have intimate facts concerning one’s life disclosed without one’s consent’ is ‘a venerable [right] whose constitutional significance we have recognized in the past.’ ” C.N., 430”

   1 later decision quote this exact passage · from the majority
   e.g. Doe ex rel. Doe v. Boyertown Area School District

2. “[1] the type of record requested, [2] the information it does or might contain, [3] the potential for harm in any subsequent non-consensual disclosure, [4] the injury from disclosure to the relationship in which the record was generated, [5] the adequacy of safeguards to prevent unauthorized disclosure, [6] the degree of need for access, and [7] whether there is an express statutory mandate, articulated public policy, or other recognizable public. interest militating toward access.”

   1 later decision quote this exact passage · from the dissent
   e.g. Doe ex rel. Doe v. Boyertown Area School District

3. “[t]he difficulty in drawing a bright line is evident as we are not aware of any court of appeals that has adopted either a requirement that certain anatomical areas of one’s body, such as genitalia, must have been exposed for that person to maintain a privacy claim under the Fourteenth Amendment or a rule that a nonconsensual exposure of certain anatomical areas constitutes a per se violation.”

   1 later decision quote this exact passage · from the dissent
   e.g. Doe ex rel. Doe v. Boyertown Area School District