Smith-Hunter v. Harvey’s Empirical Analysis

Citation profile

21 federal appellate · 6 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 146 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[U]nder the common law any final termination of a criminal proceeding in favor of the accused, such that the proceeding cannot be brought again, qualifies as a favorable termination for purposes of a malicious prosecution action.”

   2 later decisions quote this exact passage · from the majority
   e.g. Lanning v. City of Glens Falls · Thomas v. City of Troy

2. “must demonstrate innocence in order to satisfy the favorable termination prong.”

   2 later decisions quote this exact passage · from the majority
   e.g. Lanning v. City of Glens Falls · 331 F. Supp. 2d 121 - Lawson v. New York Billiards Corp.

3. “[R]equiring that a plaintiff demonstrate innocence after a prosecution has been dismissed on speedy trial grounds would have the anomalous effect of barring recovery for an innocent accused whose prosecution was abandoned for lack of merit. Moreover, an individual improperly charged with a criminal offense would be compelled to waive speedy trial rights in order to preserve a civil remedy. The law should not require one who is falsely and maliciously accused to proceed to trial — incurring additional financial and emotion costs — as a prerequisite to recovery for malicious prosecution.”

   1 later decision quote this exact passage · from the majority
   e.g. 774 F. Supp. 2d 457 - Anilao v. Spota