Torres v. Fauver’s Empirical Analysis

Citation profile

7 federal appellate · 3 district · 1 state decisions

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.

1. “The Supreme Court has consistently distinguished between claims that necessarily implicate the fact or duration of confinement (which it has repeatedly held are subject to the favorable termination rule) and claims that relate only to the conditions of incarceration (which it has not suggested are subject to the favorable termination rule). Edwards v. Balisok, 520 U.S. 641, 646-48 , 117 S.Ct. 1584 , 137 L.Ed.2d 906 (1997); Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994); Preiser v. Rodriguez, 411 U.S. 475, 499 , 93 S.Ct. 1827 , 36 L.Ed.2d 439 (1973). This line of cases instructs, and all but one of the circuit courts to consider the issue have held, that both current and former prisoners can use § 1983 to raise claims relating only to the conditions, and not the fact or duration, of their confinement without satisfying the favorable termination rule.”

   1 later decision quote this exact passage · from the majority
   e.g. John Vickers v. Ray Childs

2. “prison disciplinary sanctions that do not affect the fact or length of a prisoner's confinement, and, more generally ... persons who cannot seek habeas relief.”

   1 later decision quote this exact passage · from the majority
   e.g. Gilles v. Davis

3. “the favorable termination rule does not apply to claims that implicate only the conditions, and not the fact or duration, of a prisoner's incarceration.”

   1 later decision quote this exact passage · from the majority
   e.g. Gilles v. Davis