Gibbs v. Franklin’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “the plaintiff must establish by a preponderance of the evidence that the guards had knowledge of the attack, that they failed to prevent or stop the attack, and that by failing to prevent or stop the attack they 'wanted harm to come to the prisoner' "). We held that a guard's subjective intent to cause harm could be inferred from a guard's failure to act when the guard had prior actual knowledge of an impending attack that was readily preventable. "If it could be established that the guards had prior actual knowledge of an impending attack that was readily preventable, their failure to timely intervene in Gibbs's beating would suggest that they intended that Gibbs be harmed.”

   1 later decision quote this exact passage · from the majority
   e.g. Gibbs v. Franklin

2. “had actual knowledge of impending injury to [Gibbs] from the attack and that the injury, or further injury, was readily preventable.”

   1 later decision quote this exact passage · from the majority
   e.g. Gibbs v. Franklin

3. “a prison guard has a duty to take reasonable steps to protect a prisoner even if the impending injury is not 'readily' preventable.”

   1 later decision quote this exact passage · from the majority
   e.g. Gibbs v. Franklin