Ward v. Walsh’s Empirical Analysis

Citation profile

28 federal appellate · 13 district · 4 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a religious practice which is a positive expression of belief and a religious commandment which the believer may not violate at peril of his soul.”

   4 later decisions quote this exact passage · from the majority
   e.g. Beerheide v. Suthers · Johnson

2. “[i]n the absence of sufficient factual findings regarding the second, third, and fourth factors, it is impossible for us to determine whether the denial of a kosher diet is reasonably related to the prison’s legitimate interest in streamlined food service. In McElyea we established the principle that inmates have the right to be provided with food that satisfies the dietary laws of their religion. McElyea, 833 F.2d at 198 . Abrogation of this important right cannot be justified by the rote recitation of the O’Lone standard. The failure to provide a kosher diet may require Ward to defile himself in a manner not contemplated by O’Lone. Moreover, unlike the claimants in O’Lone, Ward’s religious practice in general has been significantly curtailed by the fact of incarceration in the remote prison. In such circumstances, it is necessary to evaluate carefully the justifications proffered by the prison before determining whether the Constitution allows the intrusion into the free exercise right of the inmate. We remand this claim so that the district court can make specific factual findings and can engage in a careful balancing of all the Turner factors.”

   3 later decisions quote this exact passage · from the majority
   e.g. Ward v. Walsh · 323 F. Supp. 3d 96 - Greene v. Cabral

3. “(1) Whether there is a “ ‘valid, rational connection’ between the prison regulation and the legitimate governmental interest put forward to justify it”; (2) Whether there are “alternative means of exercising the right that remain open to prison inmates”; (3) Whether “accommodation of the asserted constitutional right” will “impact ... guards and other inmates, and on the allocation of prison resources generally”; and (4) Whether there is an “absence of ready alternatives” versus the “existence of obvious, easy alternatives.””

   3 later decisions quote this exact passage · from the majority
   e.g. Shakur v. Schriro · Forter v. Geer