70 F. Supp. 2d 448 - Carrigan v. Davis’s Empirical Analysis

Citation profile

2 federal appellate · 3 district · 1 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A person is guilty of sexual relations in a detention facility when, being a person in custody at a detention facility or being an employee working at a detention facility, the person engages in sexual intercourse or deviate sexual intercourse on the premises of a detention facility. It shall be no defense that such conduct was consensual. Violation of this section shall be a class G felony.”

   2 later decisions quote this exact passage
   e.g. Sherman v. Del. Dep't of Pub. Safety · 120 F. Supp. 2d 411 - Daniels v. Delaware

2. “as a matter of law, that an act of vaginal intercourse and/or fellatio between a prison inmate and a prison guard, whether consensual or not, is a per se violation of the Eighth Amendment”). Nonetheless, I recognize that the fact that an inmate is incapable of giving consent in the criminal context does not necessarily mean that voluntary sex per se violates the Constitution in the civil rights context. McGregor, 2010 WL 3724133 , at . 10 . Ryan testifies that she installed two cameras outside the building as a safety measure. Ryan Aff. ¶ 20. 11 . Although the defendants did not emphasize their separate roles in their Opposition to the Motion for Summary Judgment, they must be treated separately under the Eighth Amendment. At trial, the plaintiff must prove that each of them was deliberately indifferent to a significant risk of substantial harm. And in fact, their individual liability may vary according to whether a fact-finder determines that they were sufficiently close to the facts as to be found to be “actually aware”

   1 later decision quote this exact passage
   e.g. 772 F. Supp. 2d 337 - Chao v. Ballista

3. “Because vaginal intercourse and/or fellatio between inmates and prison guards serves no legitimate penalogical purpose, is illegal and thus, contrary to the goals of law enforcement, the Court concludes, as a matter of law, that such conduct by a prison guard in a Delaware correction facility is per se sufficient to establish that the guard acted with a culpable mind.”

   1 later decision quote this exact passage
   e.g. Graham v. Sheriff of Logan County