Jensen v. Conrad’s Empirical Analysis
747 F.2d 185 · 1984
Citation profile
48 federal appellate · 10 district · 14 state decisions
How this case has been cited
Cited by 119 later decisions (1 by the Supreme Court) — most recently March 2021 · most notably Joshua Deshaney, a Minor, by His Guardian Ad Litem, and Melody Deshaney,s v. Winnebago County Department of Social Services, et al. (1989), Balistreri v. Pacifica Police Department (1990)
48 federal appellate · 10 district · 14 state decisions — followed in 11 states
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 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Estelle v. Gamble · Gregg v. Georgia · Paul v. Davis · Baker v. McCollan
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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“would exist under facts similar to those here. The factors it considered relevant were whether the victim or the perpetrator was in legal custody at the time of or prior to the incident; whether the state had expressly stated its desire to provide affirmative protection to a particular class or specific individuals; and whether the state knew of the victim's plight. Id. at 194-95 n. 11. The court stated,”
10 later decisions quote this exact passage · from the concurrence“[W]here the state had selected an individual from the public at large and placed him in a position of danger, the state was enough of an 'active tortfeasor' to make it only 'just' that the state be charged with an affirmative duty of protection.”
5 later decisions quote this exact passage · from the majority“If the state puts a man in a position of danger from private persons and then fails to protect him, it will not be heard to say its role was merely passive; it is as much an active tortfeasor as if it had thrown him into a snake pit.”
5 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.