Benson v. O'Brian’s Empirical Analysis

Citation profile

17 federal appellate · 1 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[n]otwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that ... the action or appeal ... fails to state a claim on which relief may be granted.”

   3 later decisions quote this exact passage · from the majority
   e.g. Grayson v. Mayview State Hospital · Stanford Shane v. William Fauver James Barbo Rogers Director of Custody

2. “13 SILER, Circuit Judge, dissenting. 14 Although I agree that the district court might have erroneously dismissed the case as frivolous under 28 U.S.C. § 1915(e)(2), I feel that we should nevertheless affirm the decision of the district court because Forrest Zayne Brown, the plaintiff, failed to state a claim upon which relief may be granted under either 28 U.S.C. § 1915(e)(2)(B)(ii) or 28 U.S.C. § 1915A(b)(1). 15 The Eighth Amendment only arises in prison conditions when an official is deliberately indifferent”

   1 later decision quote this exact passage · from the majority
   e.g. Forrest Zayne Brown, Stephen Michael Richmond, Christopher Michael Croft, and Tony Lynn Meadows v. Alan Bargery

3. “a plaintiff generally should be given notice and an opportunity to respond prior to the district court's sua sponte dismissal of the complaint”

   1 later decision quote this exact passage · from the majority
   e.g. Thomas Apple v. John Glenn US Senator et al.