Rapier v. Harris’s Empirical Analysis

Citation profile

29 federal appellate · 4 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] particular measure amounts to punishment when there is a showing of express intent to punish on the part of detention facility officials, when the restriction or condition is not rationally related to a legitimate non-punitive government purpose, or when the restriction is excessive in light of that purpose.”

   4 later decisions quote this exact passage · from the majority
   e.g. Stevenson v. Carroll · Anton v. Sheriff of DuPage County, Ill.

2. “[o]n the authority of Bell, it may be divined that even if a restriction or condition may be viewed as having a punitive effect on the pretrial detainee, it is nonetheless constitutional if it also furthers some legitimate governmental objective such as addressing a specific institutional violation and is not excessive in light of the seriousness of the violation.... If there is a reasonable relation between the sanctions and legitimate institutional policies, an intent to punish the detainee for prior unproven criminal conduct cannot be inferred.”

   1 later decision quote this exact passage · from the majority
   e.g. Steele v. Cicchi

3. “are not under a sentence of confinement, and therefore it cannot be said that they ought to expect whatever deprivation can be considered incident to serving such a sentence”

   1 later decision quote this exact passage · from the majority
   e.g. James Benjamin v. William J. Fraser, Commissioner of the Department of Correction of the City of New York