831 So. 2d 21 - Ryan v. Hayes’s Empirical Analysis

Citation profile

1 federal appellate · 29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`(1) formulating plans, policies, or designs; or "`(2) exercising his or her judgment in the administration of a department or agency of government, including, but not limited to, examples such as: "`(a) making administrative adjudications; "`(b) allocating resources; "`(c) negotiating contracts; "`(d) hiring, firing, transferring, assigning, or supervising personnel; or "`(3) discharging duties imposed on a department or agency by statute, rule, or regulation, insofar as the statute, rule, or regulation prescribes the manner for performing the duties and the State agent performs the duties in that manner; or "`(4) exercising judgment in the enforcement of the criminal laws of the State, including, but not limited to, law-enforcement officers' arresting or attempting to arrest persons; or "`(5) exercising judgment in the discharge of duties imposed by statute, rule, or regulation in releasing prisoners, counseling or releasing persons of unsound mind, or educating students. "`Notwithstanding anything to the contrary in the foregoing statement of the rule, a State agent shall not be immune from civil liability in his or her personal capacity "`(1) when the Constitution or laws of the United States, or the Constitution of this State, or laws, rules, or regulations of this State enacted or promulgated for the purpose of regulating the activities of a governmental agency require otherwise; or "`(2) when the State agent acts willfully, maliciously, fraudulently, in bad faith, bey”

   7 later decisions quote this exact passage · from the dissent
   e.g. Duran v. Buckner · McCaskill v. Thomas

2. “"`Where the defendant seeks qualified immunity, a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive. Qualified immunity is "an entitlement not to stand trial or face the other burdens of litigation." Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985). The privilege is "an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial." Ibid. As a result, "we repeatedly have stressed the importance of resolving immunity questions at the earliest possible stage in litigation." Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991) (per curiam).'"”

   3 later decisions quote this exact passage · from the dissent
   e.g. Ex Parte Auburn University · Denson v. Bronner

3. “"once the parties have had the opportunity to conduct discovery, the defendants [will] have the opportunity to seek a summary judgment on the ground that they were entitled to State-agent immunity, and that if such a motion was made and denied by the trial court, review of the ruling could be then sought from this Court. . . ."”

   2 later decisions quote this exact passage · from the majority
   e.g. Ex Parte Sawyer · 932 So. 2d 895 - Ex Parte City of Tuskegee