McLaurin v. Cole’s Empirical Analysis

Citation profile

5 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “McLaurin is serving a life term in the custody of the Michigan Department of Corrections (“MDOC”) at the State Prison of Southern Michigan (“SPSM”) in Jackson, Michigan. On August 9, 1991, SPSM officers ordered an emergency count of the inmates just as McLaurin was preparing to take a shower. Upset because of his inability to take a shower, McLaurin struck the fire extinguishing sprinkler in his cell with a shoe, causing his cell to flood. McLaurin was immediately moved to a “quiet cell” for two hours. Following his release from the “quiet cell,” McLaurin returned to his cell and allegedly discovered that his legal materials were covered with shampoo and butter. McLaurin later climbed on top of a basketball support in the recreation yard and refused to come down. He was eventually subdued and moved to a cell in SPSM’s administrative segregation unit. McLaurin subsequently filed a grievance against Cole for his role in the sprinkler incident. While housed in the administrative segregation unit, McLaurin demanded his prayer rug and fez. When Cole refused McLaurin’s request (because prisoners in administrative segregation are not permitted to possess such items pursuant to MDOC policy), McLaurin purportedly beat his chest and cell window with his hands, kicked the door to his cell, and repeatedly threatened to kill Cole. Cole subsequently issued McLaurin a “misconduct ticket” for his threatening behavior. McLaurin, however, asserts that Cole issued the “misconduct ticket” solely”

   2 later decisions quote this exact passage · from the majority
   e.g. McLaurin v. Cole · Rodgers v. Hawley

2. “I know of no published authority from this court relying on Cale for the proposition that the shocks-the-conscience standard is appropriately applied in First Amendment retaliation claims; the majority’s reliance on unpublished case law may be interesting as an academic matter, but those cases simply do not have the weight of authority. See 6th Cir. R. 24.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Rodgers v. Hawley

3. “Because McLaurin failed to prove that his filing of the grievance was a substantial or motivating factor behind Cole’s issuance of the misconduct ticket, ... the district court properly dismissed McLaurin’s retaliation claim against Cole.”

   1 later decision quote this exact passage · from the majority
   e.g. McLaurin v. Cole