671 F. Supp. 837 - Bemis v. Kelley’s Empirical Analysis

Citation profile

1 district ·

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. “First, the car was already in the exclusive and valid possession of the defendant, Auto Tire and Service. Second, there are no factual allegations supporting the claim of intentional--as opposed to negligent--taking of property; the plaintiff's bald allegations are unsubstantiated. Third, the plaintiff was not in custody, or under restraint of any kind. His failure to take action between August 8, 1984 and October 5, 1984 is inexplicable. These facts warrant the approach taken by the Supreme Court in Parratt v. Taylor, 451 U.S. 527 , 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981). See also Bonner v. Coughlin, 517 F.2d 1311 (7th Cir.1975), modified en banc, 545 F.2d 565 (1976), cert. denied, 435 U.S. 932, 98 S.Ct. 1507, 55 L.Ed.2d 529 (1978).”

   1 later decision quote this exact passage · from the majority
   e.g. Bemis v. Kelley

2. “One further note is in order. All of the events which form the bases of this complaint occurred before the plaintiff was sentenced on the federal charges on October 5, 1984. The plaintiff had ample time to seek remedies in the state courts for property losses he alleged he suffered. He then waited for almost two years after his sentence was imposed to bring this action. In other words, the plaintiff was not subjected to an intentional destruction of his property while he was in custody and unable to assert effectively his rights.”

   1 later decision quote this exact passage · from the majority
   e.g. Bemis v. Kelley