Bernard H. Tabor v. William H. Hardwick, Warden, U. S. Penitentiary, Atlanta, Georgia’s Empirical Analysis
224 F.2d 526 · 1955
Citation profile
38 federal appellate · 8 state decisions
How this case has been cited
Cited by 68 later decisions — most recently March 2017 · most notably Bonner v. City of Prichard (1981), In Re Ferguson (1961)
38 federal appellate · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Price v. Johnston · Ex parte Hull · White v. Ragen · Rice v. Olson · Holiday v. Johnston
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We do not question the wisdom of the rule recognized by such decisions as Ex parte Hull, 312 U.S. 546 , 61 S.Ct. 640 , 85 L.Ed. 1034 , and White v. Ra-gen, supra, 324 U.S. 760 , 65 S.Ct. 978 , 89 L.Ed. 1348 , that penitentiary inmates ought to have their right to inquire into the validity of their restraint of personal liberty and freedom zealously safeguarded by the courts, but we think that the principle of the cases so holding should^ not be extended to give them an absolute and unrestricted right to file any civil action they might desire. Otherwise penitentiary wardens and the courts might be swamped with an endless number of unnecessary and even spurious law suits filed by inmates in remote jurisdictions in the hope of obtaining leave to appear at the hearing of any such case, with the consequent disruption of prison routine and concomitant hazard of escape from custody. As a matter of necessity, however regrettable the rule may be, it is well settled that, ‘Lawful incarceration brings about the necessary withdrawal or limitation of many privi leges and rights, a retraction justified by the considerations underlying our penal system.’ Price v. Johnston, 334 U.S. 266, 285 , 68 S.Ct. 1049, 1060 , 92 L.Ed. 1356 .” ( 224 F.2d 526, 529 )”
3 later decisions quote this exact passage · from the majority““Unless perhaps in extreme cases, the courts should not interfere with the conduct of a prison or its discipline.” Tabor v. Hardwick, 5 Cir., 224 F.2d 526, 529 .”
1 later decision quote this exact passage · from the majoritye.g. Beckett v. Kearney
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.