Malcolm v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In holding that the state defendants are immune from suit [under subsection (b)], we are not unmindful of the grievous wrong done to plaintiff, nor do we discount the severity of her resulting physical and emotional injuries. Indeed, on these facts, the immunity from suit imposed by the legislature may seem unconscionably broad. Nevertheless, the remedy lies with that same legislature.”

   1 later decision quote this exact passage
   e.g. Van De Grift v. State

2. “Immunity from suit of all governmental entities is waived for injuries proximately caused by a negligent act or omission of an employee committed within the scope of employment except if the injury arises out of [[Image here]] (2) assault, battery, [or] false imprisonment ....”

   1 later decision quote this exact passage
   e.g. Tiede v. State

3. “attempts to evade the statutory categories by recharacterizing the supposed cause of the injury”

   1 later decision quote this exact passage
   e.g. Taylor Ex Rel. Taylor v. Ogden City School District