Jensen v. Conrad’s Empirical Analysis
1983
Citation profile
5 federal appellate · 6 district · 3 state decisions
How this case has been cited
Cited by 33 later decisions — most recently March 2021 · most notably Estate of Bailey Oare Cr v. County of York G, Jensen v. Conrad (1984)
5 federal appellate · 6 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988 · 42 U.S.C. § 5101 (Abandoned Infants Assistance Act) · 42 U.S.C. § 6000 (Developmental Disabilities Act of 1984) · 42 U.S.C. § 620 (§ 420 of the Social Security Act of 1935) · 42 U.S.C. § 625 (§ 425 of the Social Security Act of 1935)
Relies on Conley v. Gibson · Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · United Mine Workers of America v. Gibbs · Mt. Healthy City School District Board of Education v. Doyle
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Government officials may be held liable under § 1983 for a failure to do what is required as well as for overt activity which is unlawful and harmful.... When individuals are placed in custody or under the care of the government, their governmental custodians are sometimes charged with affirmative duties, the nonfeasance of which may violate the constitution.... When an official is charged with default in exercise of the above affirmative responsibility, there are two fundamental requisites for § 1983 liability to be imposed. The first is that the omissions must have been a substantial factor leading to the denial of a constitutionally protected liberty or property interest.... The second is that the officials in charge of the agency being sued must have displayed a mental state of “deliberate indifference” in order to “meaningfully be termed culpable” under § 1983.”
1 later decision quote this exact passage · from the majority“Karole K. Jensen, the plaintiff herein, presents to the court an emotionally compelling argument; child abuse is a most noxious social evil that demands serious consideration and concerted action to stem its widespread existence. However, it has been of great concern to this court since the inception of the instant case that plaintiffs decedent, Sylvia Brown, was deprived of her life by her parent, a private individual, (emphasis added). As the Supreme Court has repeatedly held, purely private discriminatory conduct, although wrongful and reprehensible, is not prohibited by the fourteenth amendment.”
1 later decision quote this exact passage · from the majority“[OJnce ... the state assumes custody, the state then is charged with “affirmative duties, the non-feasance of which may violate the constitution.” Doe, 649 F.2d at 141. This court is of the opinion that while the state and county officials may have been under a legal duty to offer protective services to the custodians of abused children, absent legal custody of a child by the state, the officials had no general duty to unequivocally ensure the safety of that child twenty four hours a day.”
1 later decision 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.