Gerber v. Hickman’s Empirical Analysis
291 F.3d 617 · 2002
Citation profile
8 federal appellate · 3 district · 4 state decisions
How this case has been cited
Cited by 30 later decisions (1 by the Supreme Court) — most recently August 2023 · most notably Dunn v. Castro (2010), Fei Mei Cheng v. Attorney General of the United States (2010)
8 federal appellate · 3 district · 4 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 28 U.S.C. § 1291
Relies on Morrissey v. Brewer · Wolff v. McDonnell · Hudson v. Palmer · Turner v. Safley · Griswold v. State of Connecticut
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Many aspects of marriage that make it a basic civil right, such as cohabitation, sexual intercourse, and the bearing and rearing of children, are superseded by the fact of confinement.” Thus, while' the basic right to marry survives imprisonment, most of the attributes of marriage — cohabitation, physical intimacy, and bearing and raising children — do not. "Rights of marital privacy, like the right to many and procreate, are necessarily and substantially abridged in a prison setting.””
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.