Berry v. McLemore’s Empirical Analysis

Citation profile

40 federal appellate · 3 district · 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Town of Maben hired McLemore as a police officer in April 1978, and promoted him to Chief of Police on a probationary basis one year later. Shortly after his promotion, McLemore attempted to make a custodial arrest of Berry for an alleged traffic offense. When Berry protested his innocence, McLemore became angry and hit Berry four or five times about the face. Berry responded by striking the officer, whereupon McLemore pulled his gun and shot Berry through the stomach and arm. As Berry turned and fled, McLemore again fired at him and a ricochet entered the back of Berry’s neck. In January 1980 Berry brought suit both under 42 U.S.C. § 1983 and directly under the Constitution, alleging that McLemore was liable to him for violating his constitutional rights, and that the Town of Maben was also liable both vicariously and directly for the constitutional deprivations perpetrated by McLe-more. Berry’s claims against McLemore and the Town were tried before a jury. At the conclusion of plaintiff’s case, the district court directed a verdict in favor of the Town. The jury returned a verdict against McLemore in the amount of $5,000 compensatory damages and $5,000 punitive damages, and the court entered judgment accordingly. The court assessed McLemore, but not the Town, $5,000 for Berry’s attorneys’ fees and disallowed as an item of costs the $750 fee of an expert medical witness who testified on Berry’s behalf.”

   1 later decision quote this exact passage
   e.g. Berry v. McLemore

2. ““. .. some courts interpreting Monell have held that a municipal policy of authorizing or encouraging police misconduct can be inferred where the municipality has been grossly negligent in the hiring, training, or disciplining of its police force. See, e.g., Herrera v. Valentine, 653 F.2d 1220 , 1224 (8th Cir.1981); Owens v. Haas, 601 F.2d 1242 , 1246-47 (2d Cir.), cert. denied, [ 444 U.S. 980 , 100 S.Ct. 483 , 62 L.Ed.2d 407 (1979)]; Popow v. City of Margate, 476 F.Supp. 1237 , 1245-46 (D.N.J.1979); Leite v. City of Providence, 463 F.Supp. 585 , 590-91 (D.R.I.1978); see also Reeves v. City of Jackson, 608 F.2d 644 , 652 (5th Cir.1979) (dictum).” Id. at 32-33 (emphasis added).”

   1 later decision quote this exact passage
   e.g. Languirand v. Hayden

3. “the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation or decision officially adopted and promulgated by that body's officers”

   1 later decision quote this exact passage
   e.g. Garris v. Rowland