Landman v. Peyton’s Empirical Analysis

Citation profile

37 federal appellate · 4 district · 2 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Superintendent Peyton testified that the guards have blanket authorization to use tear gas against a ‘recalcitrant’ inmate, in addition to employing it in its customary role to prevent riots and escapes. A written report is required only after a tear gas shell is fired. The superintendent also stated that no record is kept of the number of shells issued and no crosscheck is made to determine if reports are filed covering each instance that the gas is employed. By way of contrast, the use of tear gas against a single inmate in a federal prison is permitted only ‘in most extraordinary circumstances and after approval in writing of the warden or superintendent.’ U.S. Department of Justice Bureau of Prisons, Use of Tear Gas and Smoke 3 (1949). While it is our belief that the federal practice is the more enlightened, we will not disturb the finding that the use of tear gas revealed in this record did not amount to ‘cruel and unusual punishment.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Bailey v. Turner · No. 82-6552

2. “building are not permitted to work and earn money; they are allowed only two meals a day, and are deprived of radio, television and movie privileges; they do not have access to the library and are not permitted to attend educational classes; they are allowed to bathe only once a week, as opposed to daily bathing allowed other prisoners. It is also highly significant that the Parole Board declines to consider as eligible for parole any prisoner who is confined in [”

   2 later decisions quote this exact passage · from the majority
   e.g. Frank West, Jr. v. W. K. Cunningham, Director, Division of Corrections · West v. Cunningham

3. “Acton’s classic proverb about the corrupting influence of absolute power is true of prison guards no less than of other men. In fact, prison- guards may be more vulnerable to the corrupting influence of unchecked authority than most people. It is well known that prisons are operated on minimum budgets and that poor salaries and working conditions make it difficult to attract high calibre personnel. Moreover, the “training” of the officers in methods of dealing with obstreperous prisoners is but a euphemism in most states.”

   1 later decision quote this exact passage · from the majority
   e.g. 349 F. Supp. 452 - Dreyer v. Jalet