King v. Fairman’s Empirical Analysis

Citation profile

10 federal appellate ·

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

1. “State officials have a duty, under the Eighth Amendment prohibition of cruel and unusual punishment, to protect inmates from each other. This duty, however, does not lead to absolute liability because the Eighth Amendment addresses only punishment. “Whether an injury inflicted by fellow prisoners ... is ‘punishment’ depends on the mental state of those who cause or fail to prevent it.” The requisite mental state for prison officials is intent, or its functional equivalent, described as deliberate indifference or criminal recklessness. Negligence, even gross negligence, is not enough. “[T]o sustain his constitutional claim, [the inmate] must demonstrate something approaching a total unconcern for his welfare in the face of serious risks, or a conscious, culpable refusal to prevent harm.””

   1 later decision quote this exact passage · from the majority
   e.g. Gangloff v. Poccia

2. “an inmate has no liberty interest in confinement at any particular state prison and that prison officials may effect discretionary transfers of an inmate without implicating the due process clause, even if the conditions at one prison are substantially worse than another.”

   1 later decision quote this exact passage · from the majority
   e.g. Isby v. Bayh E G E

3. “[T]o sustain his constitutional claim, [the inmate] must demonstrate something approaching a total unconcern for his welfare in the face of serious risks, or a conscious, culpable refusal to prevent harm.”

   1 later decision quote this exact passage · from the majority
   e.g. Glenn v. Greer