Gardner v. Evans’s Empirical Analysis

Citation profile

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.

1. “The red-tag notices failed to reveal that § 1460.12 of the Lansing Housing and Premises Code outlines a post-deprivation appeals process and directs that if an evicted occupant fails to file an appeal within twenty days after receiving a red-tag, the occupant waives the right to administrative review. Unaware of these requirements, none of the Tenants filed an appeal within the twenty-day period, and thus all of them inadvertently waived their right to an administrative review. Without recourse to any administrative remedy, the Tenants' sole option was to pursue a judicial remedy.”

   1 later decision quote this exact passage · from the majority
   e.g. Gardner v. Evans

2. “For purposes of deciding this case, we need not determine whether the red-tags provided by the Inspectors meet the constitutional notice standard that we have just outlined. Even if we assume, without deciding, that the Tenants are correct and that the red-tags were constitutionally infirm, the Tenants cannot satisfy the second prong of the qualified immunity analysis, namely, whether this constitutional notice requirement was clearly established.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Gardner v. Evans

3. “clearly established ... that a meaningful post-deprivation review process is constitutionally required, and that direct, personal notice of such a process to affected individuals is also required.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Gardner v. Evans