Warner v. Gross’s Empirical Analysis
776 F.3d 721 · 2015
Citation profile
3 federal appellate · 1 district · 1 state decisions
Appellate journey
Relationships
Applies 28 U.S.C. § 1292 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Farmer v. Brennan · Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, Etc., et al. · Winter v. Natural Resources Defense Council, Inc. · Marks v. United States
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'the bend of the elbow.' " App. 50. That evening, the execution team spent nearly an hour making at least one dozen attempts to establish intravenous (IV) access to Lockett's cardiovascular system, including at his arms and elsewhere on his body. The team eventually believed that it had established intravenous access through Lockett's right femoral vein, and it covered the injection access point with a sheet, in part to preserve Lockett's dignity during the execution. After the team administered the midazolam and a physician determined that Lockett was unconscious, the team next administered the paralytic agent (vecuronium bromide) and most of the potassium chloride. Lockett began to move and speak, at which point the physician lifted the sheet and determined that the IV had "infiltrated,”
2 later decisions quote this exact passage“Dr. Evans testified persuasively ... that whatever the ceiling effect of midazolam may be with respect to anesthesia, which takes effect at the spinal cord level, there is no ceiling effect with respect to the ability of a 500 milligram dose of midazolam to effectively paralyze the brain, a phenomenon which is not anesthesia but does have the effect of shutting down respiration and eliminating the individual's awareness of pain.”
2 later decisions quote this exact passage“'to resist the noxious stimuli which could occur from the application of the second and third drugs.' " Ante, at 2740 (quoting App. 77). Unlike the Court, however, I would do so without abdicating our duty to examine critically the factual predicates for the District Court's finding-namely, Dr. Evans' testimony that midazolam has a "ceiling effect”
2 later decisions quote this exact passage
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.