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← 235 F. Supp. 2d 736 - Smeltzer v. Hook

235 F. Supp. 2d 736 - Smeltzer v. Hook’s Empirical Analysis

2002

Citation profile

14
cited by 14 later decisions
March 2006
most recently cited

6 federal appellate ·

Relationships

Applies 18 U.S.C. § 3626 (§ 20409 of the Violent Crime Control and Law Enforcement Act of 1994) · 28 U.S.C. § 1915 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E

Relies on Preiser v. Rodriguez · Caminetti v. United States · United States v. American Trucking Associations · V. C O Churner · Correction Officer Porters v. Ronald Nussle

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

  1. “Dismissal. (1) The court shall on its own motion or on the motion of a party dismiss any action brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. (2) In the event that a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies.”
    1 later decision quote this exact passage · from the majority
  2. “under the principles of comity, prison officials should have a full opportunity to address claims raised by prisoners before they are brought to federal court. By requiring total exhaustion, the federal courts will not only promote comity, but reap the benefits of more focused complaints and more developed eviden-tiary records.”
    1 later decision quote this exact passage · from the majority
  3. “Under the total exhaustion rule, the presence of an unexhausted claim warrants dismissal not just of that claim, but of the entire action.”
    1 later decision quote this exact passage · from the majority

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.