Jensen v. Conrad’s Empirical Analysis
1983
Citation profile
4 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 16 later decisions — most recently December 2004
4 federal appellate · 4 district · 1 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 Harlow v. Fitzgerald · Butz v. Economou · Wood v. Strickland · Maine v. Thiboutot · Martinez v. California
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In defining the concept of deliberate indifference, it is important to recognize that although it is closely associated with gross negligence, there is a significant distinction. See Doe v. New York City Department of Social Services, 649 F.2d at 143. In essence, gross negligence is the breach of reasonable standards of conduct posing obvious dangers to others while deliberate indifference involves a knowing lack of regard or concern for the safety of others. In the context of governmental care or custody, deliberate indifference involves the intentional failure of governmental officials assigned to the protection of an individual to concern themselves with that individual’s welfare. Orpiano v. Johnson, 632 F.2d at 1101. A governmental official may act with gross negligence toward an individual placed in his care by inadvertently exposing him to obvious and extreme dangers. However, unless that official was actually aware of the dangers involved and failed to act to provide reasonable protection due to a conscious lack of concern for the individual’s safety, the official did not act with deliberate indifference.””
2 later decisions quote this exact passage · from the majoritye.g. Sherrod v. Berry · Sherrod v. Berry“... although the state has no constitutional duty to protect members of the general public from random criminal violence, a constitutional right to affirmative protection by the state may arise out of special relationships 'created or assumed by the state in respect to particular persons.'”
1 later decision quote this exact passage · from the majoritye.g. Jones v. Phyfer“the protective service caseworkers in this case were allegedly aware that particular individuals (i.e., the children in the Clark family), 'as distinguished from the public at large,' faced special danger (i.e., physical abuse by their guardians).”
1 later decision quote this exact passage · from the majoritye.g. Jones v. Phyfer
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.