Whitman v. Nesic’s Empirical Analysis
368 F.3d 931 · 2004
Citation profile
11 federal appellate · 1 district ·
How this case has been cited
Cited by 34 later decisions — most recently August 2024 · most notably Williams v. Rodriguez (2007), United States v. Hook (2006)
11 federal appellate · 1 district ·
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))
Relies on Celotex Corporation v. Catrett H · Farmer v. Brennan · Bell v. Wolfish · Hudson v. Palmer · Rhodes v. Chapman
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the context of bodily searches performed upon those incarcerated in our prison system, only those searches that are “maliciously motivated, unrelated to institutional security, and hence ‘totally without penological justification’ ” are considered unconstitutional. Meriwether [v. Faulkner ], 821 F.2d [408] at 418 [ (7th Cir.1987) ] (quoting Rhodes [v. Chapman ], 452 U.S. [337] at 346, 101 S.Ct. 2392 [ 69 L.Ed.2d 59 (1981) ]); see also Calhoun v. DeTella, 319 F.3d 936, 939 (7th Cir.2003). In other words, the search must amount to “ ‘calculated harassment unrelated to prison needs,’ ” Meriwether, 821 F.2d at 418 (quoting Hudson v. Palmer, 468 U.S. 517, 530 , 104 S.Ct. 3194 , 82 L.Ed.2d 393 (1984)), with the intent to humiliate and inflict psychological pain, Fillmore v. Page, 358 F.3d 496, 505 (7th Cir.2004) (citing Calhoun, 319 F.3d at 939 ).”
1 later decision quote this exact passage · from the majority“The Eighth Amendment prohibits punishments which involve the unnecessary and wanton infliction of pain, are grossly disproportionate to the severity of the crime for which an inmate was imprisoned, or are totally without penological justification.”
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.