Brown-El v. Harris’s Empirical Analysis
26 F.3d 68 · 1994
Citation profile
22 federal appellate · 7 district · 3 state decisions
How this case has been cited
Cited by 58 later decisions — most recently May 2010 · most notably Brown v. Hot, Sexy & Safer Productions, Inc. (1995), Equal Employment Opportunity Commission v. Catholic University of America (1996)
22 federal appellate · 7 district · 3 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)) · 42 U.S.C. § 2000B
Relies on Turner v. Safley · O'Lone v. Estate of Shabazz · United Transportation Union v. Southeastern Pennsylvania Transportation Authority · Johnson v. United States · Iron Eyes v. Henry
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“to refrain from religiously motivated conduct,”
2 later decisions quote this exact passage · from the majority“We recognize that Congress, in passing the Religious Freedom Restoration Act of 1993 has created a new standard of review for claims that governmental action restricts the free exercise of religion. Although the Act applies retroactively, we need not consider the new standard because Brown-El failed to raise or otherwise bring his claim under the Act, and in any event, we conclude the [defendant’s] policy does not restrict Brown-El’s religious freedom in the first place.”
1 later decision quote this exact passage · from the majoritye.g. Muslim v. Frame“establish that a challenged policy restricts the inmate's free exercise of a sincerely held religious brief.”
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.