Fitzke v. Shappell’s Empirical Analysis
468 F.2d 1072 · 1972
Citation profile
77 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 187 later decisions (1 by the Supreme Court) — most recently February 2023 · most notably Estelle v. Gamble (1976), Johnson v. Glick (1973)
77 federal appellate · 2 district · 4 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Adickes v. S. H. Kress & Co. · United States v. Diebold, Inc. · Monroe v. Pape · Williams v. Zuckert, Secretary of the Air Force, Et Al. · Whirl v. Kern
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 187 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * [Fundamental fairness and our most basic conception of due process mandate that medical care be provided to one who is incarcerated and may be suffering from serious illness or injury. This is not to say that every request for medical attention must be heeded nor that courts are to engage in the process of second-guessing in every case the adequacy of medical care that the state provides. But where the circumstances are clearly sufficient to indicate the need of medical attention for injury or illness, the denial of such aid constitute the deprivation of constitutional due process. [Citations omitted.] * * * ******”
8 later decisions quote this exact passage · from the majority“First, the plaintiff must prove that the defendant has deprived him of a right secured by the 'Constitution and laws' of the United States;”
2 later decisions quote this exact passage · from the majority“entitled to a judgment as a matter of law.”
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.