McCord v. Maggio’s Empirical Analysis

Citation profile

9 federal appellate · 2 district ·

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

1. “A public official may nevertheless be entitled to immunity if he can show that extraordinary circumstances prevented him from remedying the rights deprivation. Harlow, 457 U.S. at 819 [ 102 S.Ct. at 2738 ]; Thomas v. Sams, 734 F.2d 185, 190 (5th Cir.1984). Although this defense is normally applicable only where the official “can prove that he neither knew nor should have known of the relevant legal standard,” id., the Supreme Court has applied it where budgetary constraints precluded the administrator of a state mental hospital from satisfying “normal professional standards.” Youngberg v. Romeo, 457 U.S. 3007 [307], 323, 102 S.Ct. 2452, 2462 , 73 L.Ed.2d 28, 42 (1982). We emphasize that the “extraordinary circumstances” defense carries a highly difficult burden. See e.g., Arebaugh v. Dalton, 730 F.2d 970, 972-73 (4th Cir.1984)....”

   1 later decision quote this exact passage · from the majority
   e.g. Dean v. Thomas

2. “[t]his immunity is defeated if the official[s] took the complained-of action[s] 'with the malicious intention to cause a deprivation of rights,' or the official[s] violated clearly established statutory or constitutional rights 'of which a reasonable person would have known.'”

   1 later decision quote this exact passage · from the majority
   e.g. McDuffie v. Estelle

3. “filthy water contaminated with human waste”

   1 later decision quote this exact passage · from the majority
   e.g. Despain v. Uphoff