740 F. Supp. 2d 923 - Cochran v. Folger’s Empirical Analysis
2010
Citation profile
1 federal appellate ·
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Harlow v. Fitzgerald · Mathews v. Eldridge · Parratt v. Taylor
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The] Williams and Deputy Sheriffs Don Gilliam, Bill Schnitzler and Dan Gilliam arrived at Cochran’s home at some point during the day to execute the Warrant for Possession. It is undisputed that the Warrant for Possession, and the Judgment in Forcible Detainer on which it was based, were the only authority for the Williamses and the deputy sheriffs’ actions that day. It is further undisputed that the deputy sheriffs only reviewed and relied upon the Warrant for Possession for their actions. According to Don Gilliam’s Affidavit, after reviewing the Warrant for Possession, he realized that it was silent as to Cochran’s personal property located at the premises. Don Gilliam told Mr. Williams to secure Cochran’s personal property as he expected that Cochran would want to take it following the eviction. Mr. Williams advised Don Gilliam that the Lincoln County Attorney had told him that Cochran’s personal property could be sold to recover Mr. and Mrs. Williams’ losses. Don Gilliam states that he then contacted the county attorney and was told that Mr. Williams had a “right to sell the property”. Using a key to enter the residence, Mr. and Mrs. Williams, with the assistance of others, removed Cochran’s personal property from the residence. Cochran was at work when he received a message from his neighbor, Dr. Shane Randolph, indicating that the Williams and the deputy sheriffs were at Cochran’s home. Cochran’s mother and sister were already on site by the time he arrived. The deputy”
1 later decision quote this exact passagee.g. Cochran v. Gilliam“To the Sheriff or any other Constable of Lincoln County: Defendant [Cochran] on 8-28-2008 was found guilty of a forcible detainer of the premises located at 3700 HWY 2141, Stanford, KY 40484 to the injury of the Plaintiff [Mr. and Mrs. Williams]. Defendant having failed to file an appeal on or before the seventh day after the finding, and upon request of the Plaintiff, you are commanded, in the name of the Commonwealth of Kentucky, to put the Plaintiff in possession of the premises, and to make due return to the Court within 8 days showing you have executed this warrant.”
1 later decision quote this exact passagee.g. Cochran v. Gilliam
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.