Onishea v. Hopper’s Empirical Analysis

Citation profile

19 federal appellate · 2 district · 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “asserted danger of transfer must be rooted in sound medical opinion and not be speculative or fanciful[,] . . . this is not a 'somebody has to die first' standard, either: evidence of actual transmission of the fatal disease in the relevant context is not necessary to a finding of significant risk.”

   2 later decisions quote this exact passage · from the majority
   e.g. State of Tennessee v. Barry H. Hogg · Waddell v. Valley Forge Dental Associates, Inc.

2. “constitute a direct threat to the health or safety of other individuals”

   2 later decisions quote this exact passage · from the majority
   e.g. R.W. v. Board of Regents of University System of Georgia · 913 F. Supp. 2d 1267 - Henderson v. Thomas

3. “[u]nfortunately, the district court denied the plaintiffs discovery of the source of the Department of Corrections’ federal funding, and the plaintiffs did not pursue questioning on this subject at trial. Thus, with one exception, we do not know what regulations apply to the Department of Corrections. And this matters: Different agency regulations lay out the contours of the reasonable-accommodation principle differently. For instance, Department of Justice regulations require no accommodation at all in nonemployment programs..., while De partment of Labor regulations require reasonable accommodation in employment training programs[.]”

   1 later decision quote this exact passage · from the majority
   e.g. 165 F. Supp. 3d 1153 - Schwarz v. Villages Charter School, Inc.