Doe v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) it is of the kind he is employed to perform; (b) it occurs within the authorized time and space limits; (c) it is activated, in part at least, by a purpose to serve the master; and (d) if force is used, the use of force is not unexpectable. 27”

   3 later decisions quote this exact passage
   e.g. Smith v. Liberty Mutual Insruance Company · Sherman v. Del. Dep't of Pub. Safety

2. “On March 19, 2009, a security employee at the JC Penney store in the Christiana Mall stopped Jane D.W. Doe for shoplifting. Doe had been arrested before, and she was subject to an outstanding capias. After about 45 minutes, [a] Delaware State Police Officer ... arrived at the store and took Doe into custody. He placed her in the rear of his police car and drove to several locations in the mall parking lot. Doe alleges that, at the third location, [the Officer] stopped, got out of the police car, opened the rear door, and placed Doe's hands on his genitals. According to Doe, [the Officer] then drove to a remote area where he told her that he would let her go home if she did something in return. [The Officer] allegedly told Doe that, unless she acceded to his demands, he would take her to court, where bail would be set, and that she would have to spend the weekend in jail. The prospect of jail allegedly coerced Doe to perform oral sex on [the Officer] in the front seat of the police car. Afterwards, [the Officer] drove Doe home and told her to turn herself in on the capias. Doe reported the incident to Delaware State Police Sergeant Maher, who investigated and eventually arrested [the Officer] on charges of sexual misconduct, bribery and official misconduct. [The Officer] killed himself shortly after his arrest. 20”

   1 later decision quote this exact passage
   e.g. Sherman v. Del. Dep't of Pub. Safety

3. “[The Officer] was in uniform, on-duty, carrying out a police duty by transporting [Doe] to court. The sexual assault took place in the police car, during the time that [the Officer] was supposed to be carrying out police duties. These facts would satisfy the first two factors under the Restatement-[the Officer] was doing the kind of work he was employed to perform, and he was acting within authorized time and space limits.”

   1 later decision quote this exact passage
   e.g. Sherman v. Del. Dep't of Pub. Safety