Jackson v. Duckworth’s Empirical Analysis

Citation profile

54 federal appellate · 3 district · 2 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 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “summary judgment is not a procedure for resolving a swearing contest.”

   5 later decisions quote this exact passage · from the majority
   e.g. Evans III v. Wolfe · Stedman v. Hoogendoorn Talbot Davids Godfrey & Milligan Pc D D

2. “But, we emphasize, there is more to a subhuman-conditions case than subhuman conditions. “Punishment,” for purposes of determining tort liability under 42 U.S.C. § 1983 for violation of the Eighth Amendment’s prohibition against the infliction of cruel and unusual punishments, has both an objective and a subjective component. The objective component is the nature of the acts or practices alleged to constitute cruel and unusual punishment. Are they such acts or practices as would be deemed cruel and unusual if prescribed in a state or federal statute as the lawful punishment for a particular offense? The answer is “yes” if Jackson’s affidavit is truthful, because in our contemporary society it would be considered barbarous to imprison a criminal in conditions so strikingly reminis cent of the Black Hole of Calcutta. Ramos v. Lamm, 639 F.2d 559 , 567-72 (10th Cir.1980). The subjective component of unconstitutional “punishment” is the intent with which the acts or practices constituting the alleged punishment are inflicted. The minimum intent required is “actual knowledge of impending harm easily preventable.” Duckworth v. Franzen, 780 F.2d 645 , 653 (7th Cir.1985) (emphasis added); see Wilson v. Setter, [ 501 U.S. 294 ], 115 L.Ed.2d 271 , 111 S.Ct. 2321 (1991); McGill v. Duckworth, 944 F.2d 344 (7th Cir.1991). A failure of prison officials to act in such circumstances suggests that the officials actually want the prisoner to suffer the harm. If the harm is remote rather than im”

   2 later decisions quote this exact passage · from the majority
   e.g. Del Raine v. Williford · Smith v. Melvin O

3. “A failure of prison officials to act in such circumstances suggests that the officials actually want the prisoner to suffer the harm.”

   2 later decisions quote this exact passage · from the majority
   e.g. Gibbs v. Franklin · Glen Delaney v. George Glenn Malone Christopher Hughes Eugene McAdory Clarence Wright Donald Burns David Walker