Dawson v. Newman’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well-settled that judges are entitled to absolute judicial immunity for all actions taken in the judge's judicial capacity, unless those actions are undertaken in the complete absence of jurisdiction. Mendenhall v. City of Indianapolis , 717 N.E.2d 1218 , 1226 (Ind. Ct. App. 1999), trans. denied 735 N.E.2d 225 (Ind. 2000). The policy underlying this grant of immunity is the preservation of judicial independence in the decision-making process. Id. In determining whether a person is entitled to the benefit of judicial immunity, we employ the functional approach established by the United States Supreme Court. Id. [T]he factors determining whether an act by a judge is a "judicial" one relate to the nature of the act itself, i.e. , whether it is a function normally performed by a judge, and to the expectations of the parties, i.e. , whether they dealt with the judge in his judicial capacity. Stump v. Sparkman , 435 U.S. 349 , 362, 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978), reh'g denied . A third related factor considered by courts is "whether the act or decision involves the exercise of discretion or judgment, or is rather a ministerial act which might as well have been committed to a private person as to a judge." Lowe v. Letsinger , 772 F.2d 308 , 312 (7th Cir. 1985) (citing Ex Parte Virginia , 100 U.S. 339 , 348, 25 L.Ed. 676 (1879) ).”

   1 later decision quote this exact passage
   e.g. Kirk S. Freeman v. Tricia L. Thompson