George Michael Curley v. Rob Perry John Shanks Ron Lytle New Mexico Corrections Department United States of America’s Empirical Analysis
246 F.3d 1278 · 2001
Citation profile
19 federal appellate · 28 district · 3 state decisions
How this case has been cited
Cited by 128 later decisions — most recently August 2020 · most notably 226 Ill. 2d 1 - People v. Vincent (2007), Kay v. Bemis (2007)
19 federal appellate · 28 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Farmer v. Brennan · Link v. Wabash Railroad · Denton v. Hernandez · Hall v. Bellmon · Perkins v. Kansas Department of Corrections
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 128 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[D]ismissal under Rule 12(b)(6) without affording the plaintiff notice or an opportunity to amend is proper only when it is 'patently obvious' that the plaintiff could not prevail on the facts alleged, and allowing him an opportunity to amend his complaint would be futile.”
6 later decisions quote this exact passage · from the majority“A prison official’s failure to prevent harm “violates the Eighth Amendment only when two requirements are met.” Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994). First, the prison official’s act or omission must be “objectively, sufficiently serious” and “result in the denial of the minimal civilized measure of life’s necessities. ... [T]he inmate must show that he is incarcerated under conditions posing a substantial risk of serious harm.” Id. (quotation marks and citations omitted). Second, the “prison official must have a sufficiently culpable state of mind,” in this case “deliberate indifference to inmate health or safety.” Id. (quotation marks omitted). Deliberate indifference requires actual knowledge of the risk to inmate safety. See id. at 837 , 511 U.S. 825 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 .”
2 later decisions quote this exact passage · from the majority“The lack of prior notice of a sua sponte dismissal with prejudice for failure to state a claim is harmless when, as here, the plaintiff has a reasonable post-judgment opportunity to present his arguments to the district court and the appellate court, including the opportunity to suggest amendments that would cure the complaint's deficiencies.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.