Downing v. Brown’s Empirical Analysis

Citation profile

18 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee’s position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students.”

   2 later decisions quote this exact passage · from the majority
   e.g. Carey v. Aldine Independent School District · Leo v. Trevino

2. “In our view, maintaining classroom discipline involves personal deliberation, decision and judgment. Moreover, ... teachers’ responsibilities [are not defined] with such precision to leave nothing to the exercise of a teacher’s judgment or discretion.”

   1 later decision quote this exact passage · from the majority
   e.g. Leo v. Trevino

3. “require obedience to orders or the performance of a duty to which the actor has no choice . . . . On the other hand, if an action involves personal deliberation, decision and judgment, it is discretionary. . . .”

   1 later decision quote this exact passage · from the majority
   e.g. Jim Morris Gloria Morris v. Charlotte Hawkins Dearborne et al.