Public-domain · open source
OpenJurist
← 258 Neb. 402 - Pratt v. Clarke

Pratt v. Clarke’s Empirical Analysis

1999

Citation profile

16
cited by 16 later decisions
2
states following
August 2007
most recently cited

2 district · 14 state decisions

Relationships

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E

Relies on Alexander v. Hawk · Garrett v. Hawk · Zehner v. Trigg · Whitley v. Hunt · Daniels Ex Rel. Jones v. Andersen

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

  1. “On April 26, 1996, the [PLRA] was signed into law. Prior to the adoption of the PLRA, 42 U.S.C. § 1997e(a) (1994) granted district courts discretion to require a prisoner to exhaust administrative remedies, and a district court’s dismissal for failure to exhaust was reviewed only for an abuse of discretion. See Irwin v. Hawk, 40 F.3d 347 (11th Cir. 1994). The PLRA now requires, inter alia, that prisoners exhaust administrative remedies prior to filing actions under § 1983 or any federal law. Specifically, 42 U.S.C. § 1997e(a) (Supp. Ill 1997) states: “No action shall be 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 until such administrative remedies as are available are exhausted.” As stated in Alexander v. Hawk, 159 F.3d 1321, 1324 (11th Cir. 1998), “Congress enacted this mandatory exhaustion requirement in section 1997e(a) as part of the PLRA’s effort to curtail frivolous and abusive prisoner litigation.””
    1 later decision quote this exact passage
  2. “We note that other remedies are not precluded. In particular, 68 Neb. Admin. Code, ch. 2, § 005.01 (1994), stated: “Claims against the Department involving miscellaneous or tort claims for money damages may be filed pursuant to the State Tort Claims Act.” Thus, prisoners in Nebraska must adhere to and exhaust these specific provisions before bringing a § 1983 claim.”
    1 later decision quote this exact passage

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.