Gressley v. Deutsch’s Empirical Analysis

Citation profile

4 district · 4 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As governmental officials, [defendants] are entitled to assert a defense of qualified immunity: [g]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982); see also Rozek v. Topolnicki, 865 F.2d 1154, 1157 (10th Cir.1989). The purpose served by the qualified immunity doctrine is that of protecting governmental officials who are required to exercise their discretion and the related public interest in encouraging the vigorous exercise of official authority. See Butz v. Economou, 438 U.S. 478, 506 , 98 S.Ct. 2894, 2910-11 , 57 L.Ed.2d 895 (1978); see also Sawyer v. County of Creek, 908 F.2d 663, 665-67 (10th Cir.1990). * * * * * * The question for the trial court to resolve is a legal one; the court cannot avoid the question by framing it as a factual issue. Id. The court’s decision should identify the law upon which it relied and state the basis for its conclusion. Id. Because the doctrine of qualified immunity represents a balance that has been struck between competing values, Harlow, 457 U.S. at 813-15 , 102 S.Ct. at 2735-37 , the trial judge is burdened with a responsibility at an early stage, to make determinations of law based upon what the clearly established law governing the case was at th”

   1 later decision quote this exact passage · from the majority
   e.g. 60 F. Supp. 2d 1244 - Pindell v. Wilson-McKee

2. “To summarize: this Court lacks jurisdiction over plaintiffs 42 U.S.C. § 1983 claims against [the President of the University] and the University of Wyoming Board of Trustees, in their official capacities; Plaintiff has failed to plead sufficient facts to support a conspiracy claim against Defendant, [donor]; the Board of Trustees are absolutely immune from any suit for damages pursuant to 42 U.S.C. § 1983 ; and Plaintiffs amended complaint, alone, is insufficient to meet his burden of showing both facts and law to establish that defendants are not entitled to qualified immunity with respect to his 42 U.S.C. § 1983 claims. Finally, in light of this Court’s determination that all of Plaintiffs 42 U.S.C. § 1983 claims are precluded, Plaintiffs pendant state claims, breach of contract and defamation, need not be addressed since this Court lacks jurisdiction to entertain them. See, 28 U.S.C. § 1441 .”

   1 later decision quote this exact passage · from the majority
   e.g. University of Wyoming v. Gressley

3. “(1) breach of contract against the Trustees of the University of Wyoming; (2) a claim against all defendants pursuant to 42 U.S.C. § 1983 for violation of due process; (3) a claim against [the President of the University] and the Trustees, pursuant to 42 U.S.C. § 1983 , for violation of his first amendment rights to freedom of speech and association; (4) a defamation claim against [an American Heritage Center donor] and [the President of the University] for defamation; (5) a claim for injunctive and declaratory relief against [the President of the University] and the Trustees; and (6) a claim for punitive damages against [the President of the University] and [the American Heritage Center donor],”

   1 later decision quote this exact passage · from the majority
   e.g. University of Wyoming v. Gressley