Walker v. Butler’s Empirical Analysis

Citation profile

2 federal appellate · 1 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “McMurtry argues that his conduct did not amount to deliberate indifference because he did not know that Walker had broken his ankle and because he actually escorted Walker to the hospital.... A prison guard is deliberately indifferent if he intentionally denies or delays access to medical care.... Walker was not denied medical treatment and there is no proof that medical treatment was delayed as a result of McMurtry’s decision to make Walker walk to the hospital. Walker argues that McMurtry exhibited deliberate indifference by forcing him to walk to the hospital, rather than calling the medical personnel to the cafeteria. Deliberate indifference is a legal conclusion which must rest on facts evincing wanton actions on the part of the defendant.... Wantonly means having a reckless disregard for the rights of others.... We hold that the district court erred in concluding that McMurtiy acted with deliberate indifference. His decision to make Walker walk to the hospital to be treated was not wanton and did not involve a reckless disregard of Walker’s rights.”

   1 later decision quote this exact passage · from the majority
   e.g. 469 F. Supp. 2d 922 - John v. Berry