Kessler v. Cupp’s Empirical Analysis
1973
Citation profile
5
cited by 5 later decisions
August 1975
most recently cited
2 federal appellate · 1 district ·
Relationships
Relies on Morrissey v. Brewer · Gagnon v. Scarpelli · Hoitt v. Vitek · Nieves v. Oswald · 353 F. Supp. 457 - Gomes v. Travisono
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[WJhere such a transfer occurs as a result of the determination by the Warden of the existence of such an emergency, the transferred inmate must be returned to the institution for a hearing. . . . Ordinarily, the Warden would face an unusually heavy burden to justify any period of time greater than thirty days for such return and hearing procedure. It should be crystal clear, however, that the determination of the institution-wide emergency situation is one which calls into play the informed expertise of the Superintendent or Warden. Courts cannot and should not “second guess” wardens on this score.”
2 later decisions 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.