Jasinski v. Tyler’s Empirical Analysis

Citation profile

2 federal appellate · 1 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) an affirmative act by the State that either created or increased the risk that the plaintiff would be exposed to private acts of violence; (2) a special danger to the plaintiff created by state action, as distinguished from a risk that affects the public at large; and (3) the requisite state culpability to establish a substantive due process violation.”

   2 later decisions quote this exact passage · from the majority
   e.g. Epperson v. City of Humboldt · 592 F. App'x 493 - Michael Pickle v. Keith McConnell

2. “[p]rovide[d] these steps to follow when a defendant raises the affirmative defense of individual governmental immunity. The court must do the following: (1) Determine whether the individual is a judge, a legislator, or the highest-ranking appointed executive official at any level of government who is entitled to absolute immunity under MCL 691.1407(5). (2) If the individual is a lower-ranking governmental employee or official, determine whether the plaintiff pleaded an intentional or a negligent tort. (3) If the plaintiff pleaded a negligent tort, proceed under MCL 691.1407(2) and determine if the individual caused an injury or damage while acting in the course of employment or service or on behalf of his governmental employer and whether: (a) the individual was acting or reasonably believed that he was acting within the scope of his authority, (b) the governmental agency was engaged in the exercise or discharge of a governmental function, and (c) the individual’s conduct amounted to gross negligence that was the proximate cause of the injury or damage. (4)If the plaintiff pleaded an intentional tort, determine whether the defendant established that he is entitled to individual governmental immunity under the Ross test by showing the following: (a) The acts were undertaken during the course of employment and the employee was acting, or reasonably believed that he was acting, within the scope of his authority, (b) the acts were undertaken in good faith, or were not undertaken ”

   1 later decision quote this exact passage · from the majority
   e.g. Nathaniel Brent v. Wayne Cnty. Dep't of Human Servs.

3. “To establish a procedural due process claim, a plaintiff must show “(1) he had a life, liberty, or property interest protected by the Due Process Clause; (2) he was deprived of this interest; and (3) the state did not afford him adequate procedural rights prior to depriving him of the ... interest.” Women’s Med. Prof'l Corp. v. Baird, 438 F.3d 595, 611 (6th Cir.2006). A liberty interest may be created by state law when a state places “substantive limitations on official discretion.” Tony L. and Joey L. v. Childers, 71 F.3d 1182, 1185 (6th Cir.1995) (quoting Olim v. Wakinekona, 461 U.S. 238, 249 , 103 S.Ct. 1741 , 75 L.Ed.2d 813 (1983)). A state may create such limitations by “establishing ‘substantive predicates’ to govern official decision-making ... and further, by mandating the outcome to be reached upon a finding that the relevant criteria have been met.” Id. (quoting Ky. Dep’t of Corr. v. Thompson, 490 U.S. 454, 462 , 109 S.Ct. 1904 , 104 L.Ed.2d 506 (1989)). The state statute “must use ‘explicitly mandatory language’ requiring a particular outcome if the articulated substantive predicates are present.” Id. (citing Thompson, 490 U.S. at 463 , 109 S.Ct. 1904 ).”

   1 later decision quote this exact passage · from the majority
   e.g. Nathaniel Brent v. Wayne Cnty. Dep't of Human Servs.