Walker v. Barrett’s Empirical Analysis

Citation profile

12 federal appellate · 1 district · 4 state decisions

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

1. “Section 537.046(1) defines “childhood sexual abuse” as: ‘any act committed by the defendant'against the‘plaintiff which act occurred when the plaintiff was under the age of eighteen years and which act would have been a violation of section 566.030 [rape],' 566.040 [sexual assault], ... '566.060 [forcible sodomy], 566.070 [dbviate ' sexual assault], ... 566.090 [first degree sexual misconduct], 566.100 [sexual abuse], ... or section 568.020 [incest].... ’ A nonperpetrator defendant could not cause injury or illness by “childhood sexual abuse,” as that term is defined, because such a defendant necessarily has not committed one of the enumerated acts.' While Mis souri law does hold an aider and abettor criminally liable to the same extent as the principal- offender, ,,. section 537.046 does not enumerate the statute criminalizing aiding and abetting, [Section] 562.041, as one of the acts that constitutes “childhood sexual abuse.” Accordingly, we conclude that the Missouri legislature did not intend to subject nonperpetrator defendants to liability under section 537.046. Accord Doe HL v. James, No. 4:05-CV-2032, 2006 WL 6677124 , at (E.D.Mo. Aug. 15, 2006) (concluding that “[t]he statute defining childhood sexual abuse does not make an unincorporated association responsible for childhood sexual abuse” and that “plaintiff cannot assert a claim of childhood sexual abuse .., against the [unincorporated association] based on, a theory of agency ratification.”).”

   1 later decision quote this exact passage · from the majority
   e.g. John Doe, 414 v. Father Shawn Ratigan

2. “Even if Walker could sue the School District and Hetherington for childhood sexual abuse, under an aider/abettor or a ratification theory of liability, he has not pleaded any factual basis for such claims. Instead, he merely alleged that the School District and Hetherington “aided and abetted Defendant Barrett’s childhood sexual abuse” and “condoned and ratified the unlawful and abusive conduct ... by failing to repudiate it.” These legal conclusions, without any supporting factual allegations, are insufficient to survive a motion to dismiss. See Iqbal, 129 S.Ct. at 1949 (“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’ ” (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955 )).”

   1 later decision quote this exact passage · from the majority
   e.g. Blazek v. United States Cellular Corp.

3. “any civil action for recovery of damages suffered as a result of childhood sexual abuse”

   1 later decision quote this exact passage · from the majority
   e.g. Doe v. Boy Scouts of America Corp.