Penn v. Escorsio’s Empirical Analysis

Citation profile

6 federal appellate · 2 district ·

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

1. “Defendant Winslow argues he was not deliberately indifferent, and therefore did not violate Lalli’s rights because “the summary judgment record does not support finding a genuine issue as to whether Winslow actually knew of the risk [that Lalli would attempt suicide] or whether Winslow was deliberately indifferent to that risk.” Similarly, Defendant Escorsio argues she “was not deliberately indifferent to Lalli’s Fourteenth Amendment rights because she took some action to avert the risk of harm.” But these discussions “nowhere develop the argument that, even drawing all the inferences as the district court concluded a jury permissibly could, they are entitled to judgment as a matter of law.” Instead, Winslow’s arguments take issue with the district court’s factual determinations as to his knowledge of risk and his efforts — or lack thereof — to abate that risk. Similarly, Escorsio’s arguments dispute the court’s factual finding that she may have taken essentially no action to avert the risk Lalli would attempt suicide when she returned him to Cell 135. As we recently stated in Cady, these “fact-based challenged] would, of course, not defeat jurisdiction if .... advanced in the alternative. But nowhere in the defendants’ brief does there appear any developed argument that the defendants are entitled to summary judgment even if the district court’s conclusions about the record were correct.” As such, we have no basis on which to exercise jurisdiction over whether Defendants vio”

   1 later decision quote this exact passage · from the majority
   e.g. Goguen v. Allen