812 F. Supp. 2d 914 - Johnson v. Root’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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[Ajbsolute immunity from civil liability for damages is of a ‘rare and exceptional character.’ ” Auriemma v. Montgomery, 860 F.2d 273, 275 (7th Cir.1988) (quoting Cleavinger v. Saxner, 474 U.S. 193, 202 , 106 S.Ct. 496 , 88 L.Ed.2d 507 (1985)). Because it is a complete defense to liability for money damages, “[ajbsolute immunity is only accorded for limited functions; ‘the presumption is that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties,’ ” Wilson v. Kelkhoff, 86 F.3d 1438, 1443 (7th Cir 1996). Accordingly, officials claiming the “strong medicine” of absolute immunity bear the burden of showing that public policy justifies immunity for the function in question. Forrester v. White, 792 F.2d 647, 660 (7th Cir.1986) (Posner, J. dissenting). The test to determine whether an official is entitled to absolute immunity is well-established: a court must apply a “functional approach” by “look[ing] to the nature of the function performed, not the identity of the actor who performed it.” Heyde v. Pittenger, 633 F.3d 512, 517 (7th Cir.2011) (quoting Wilson, 86 F.3d at 1443 ). Absolute immunity is not limited .to prosecutors or judges, but rather “protects members of quasi-adjudicatory bodies when their duties are functionally equivalent,” id. “and require a full exemption from liability,” Butz v. Economou, 438 U.S. 478, 508 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978).”

   1 later decision quote this exact passage · from the majority
   e.g. Brown v. Smith