Tinch v. Walters’s Empirical Analysis

Citation profile

11 federal appellate · 2 district · 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As previously noted, this is the first case in which this court has been called upon to interpret § 504.... Section 504 by its terms does not compel educational institutions to disregard the disabilities of handicapped individuals or to make substantial modifications in their programs to allow disabled persons to participate. Instead, it requires only that an “otherwise qualified handicapped individual” not be excluded from participation in a federally funded program “solely by reason of his handicap,” indicating that mere possession of a handicap is not a permissible ground for assuming an inability to function in a particular context. The court below, however, believed that the “otherwise qualified” persons protected by § 504 include those who would be able to meet the requirements of a particular program in every respect except as to limitations imposed by their handicap. Taken literally, this holding would prevent an institution from taking into account any limitation resulting from the handicap, however disabling. It assumes, in effect, that a person need not meet legitimate physical requirements in order to be “otherwise qualified.” We think the understanding of the District Court is closer to the plain meaning of the statutory language. An otherwise qualified person is one who is able to meet all of a program's requirements in spite of his handicap.”

   1 later decision quote this exact passage · from the majority
   e.g. 683 F. Supp. 758 - Wallace v. Veterans Administration

2. “we should not read a later Congress' attempt to abolish the willful misconduct standard as 'proof' that an earlier Congress had not already vitiated the willful misconduct standard, as applied by 38 C.F.R. Sec. 3.301(c)(2), by enacting the 1978 amendments to the Rehabilitation Act.”

   1 later decision quote this exact passage · from the majority
   e.g. McKelvey v. Turnage

3. “No otherwise qualified handicapped individual ... shall, solely by reason of his handicap, ... be subjected to discrimination ... under any program or activity conducted by any Executive agency.”

   1 later decision quote this exact passage · from the majority
   e.g. McKelvey v. Turnage