96 F. Supp. 2d 244 - Leon v. Johnson’s Empirical Analysis

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1 district ·

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

1. “I likewise conclude that, absent some concrete physical harm, a delay in providing medication is not an “injury” of the type contemplated by the statute. First, there are the words themselves: “physical injury.” Congress’s use of these words suggests that there must be some actual harm to the plaintiff, and that the harm must be bodily in nature. The “harm” alleged here, however — a delay in receipt of medication to treat plaintiffs disease — is at most merely a potential harm, possibly putting plaintiff at risk of a worsened condition. Plaintiff does not allege that his condition did become worse as a result of not taking his medication, however, and there is no evidence that he suffered any adverse effects from the delay. See Zehner v. Trigg, 952 F.Supp. 1318, 1322-23 (S.D.Ind.) (Dismissing Eighth Amendment claim based on prisoners’ exposure to asbestos where no physical injury could be shown, aff'd, 133 F.3d 459, 461 (7th Cir.1997)). * * * * . * # For the reasons stated, I do not accept that argument, and I also find that the bare allegation of pain and suffering in the complaint (which does not say whether the pain and suffering were physical or emotional) is insufficient to defeat defendants’ motion. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 324 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); see also Cain v. Commonwealth of Virginia, 982 F.Supp. 1132 , 1135 n. 3 (E.D.Va.1997) (heada”

   1 later decision quote this exact passage
   e.g. 196 F. Supp. 2d 252 - Evans v. Bonner