97 F. Supp. 2d 763 - Doyle v. Schultz’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A plaintiff has a cause of action under section 1983 if he alleges that he has been deprived of a right secured by the Constitution by one acting under color of state law. In Lugar v. Edmondson Oil Co., 457 U.S. 922 , 102 S.Ct. 2744 , 73 L.Ed.2d 482 (1982), the Supreme Court held that private parties invoking a state attachment statute may be held liable under section 1983 if their actions are “fairly attributable to the state.” Id. at 936 , 102 S.Ct. at 2753 . A private party’s actions are fairly attributable to the state if the constitutional deprivation is “caused by the exercise of some right or privilege created by the State or by a rule of conduct imposed by the state or by a person for whom the State is responsible” and “the party charged with the deprivation [is] ... a person who may fairly be said to be a state actor.” Id. A party may be considered a state actor if he “has acted with or has obtained significant aid from state officials,” or if his “conduct is otherwise chargeable to the State.” See id. at 923 , 102 S.Ct. at 2754 .”

   1 later decision quote this exact passage
   e.g. 71 So. 3d 1034 - BANK OF NEW YORK MELLON v. Smith

2. “[A] private party’s joint participation with state officials in the seizure of disputed property based on that party’s ex parte application is sufficient to characterize the party as a “state actor” for purposes of the Fourteenth Amendment. As such, the Appellants were state actors because: (1) Schultz requested the writ of fi fa, which set into motion the procedures directly involving state officials that led to constructive seizure of the [plaintiffs’] home, and (2) as Schultz’s attorneys, Landry and Newman Mathis may be considered state actors because they employed the state to execute the writ of fi fa, a state-provided procedure.”

   1 later decision quote this exact passage
   e.g. 159 So. 3d 1088 - Bank of New York Mellon v. Smith