Courtney v. Bishop’s Empirical Analysis
409 F.2d 1185 · 1969
Citation profile
32 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 71 later decisions (1 by the Supreme Court) — most recently October 1997 · most notably Sostre v. McGinnis (1971), Holt v. Sarver (1971)
32 federal appellate · 5 district · 1 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
Relies on Price v. Johnston · Jackson v. Bishop · Graham v. Willingham · Stroud v. Swope · Douglas v. Sigler
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The law to be applied is well settled. Lawful incarceration necessarily operates to deprive a prisoner of certain rights and privileges he would otherwise enjoy in the free society, a retraction justified by considerations underlying our penal system. Price v. Johnston, 334 U.S. 266, 285 , 68 S.Ct. 1049 , 92 L.Ed. 1356 (1948) ; Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968). A convict, however, does not lose all of his civil rights — for those that are fundamental follow him, with appropriate limitations, through the prison gate, and the walls do not foreclose his access to the courts to protect those rights. Sharp v. Sigler, 408 F.2d 966 (8th Cir., March 24, 1969); Jackson v. Bishop, swpra. On the other hand, prison officials are vested with wide discretion in controlling prisoners committed to their custody. Douglas v. Sigler, 386 F.2d 684 (8th Cir. 1967); Stroud v. Swope, 187 F.2d 850, 851 (9th Cir. 1951), and it is elementary that unless an infringement upon constitutional or fundamental rights is involved, federal courts are naturally reluctant to interfere with a prison’s internal discipline, whether the institution is federal or state. Sharp v. Sigler, supra; Jackson v. Bishop, supra.” Courtney v. Bishop, 409 F.2d 1185, 1187 (8th Cir. 1969).”
2 later decisions quote this exact passage · from the majority“Appellant also complains of the district court’s holding that he was not entitled to a hearing before an appropriate prison board of inquiry prior to being placed in solitary confinement or shortly thereafter. Judge Harris’ interpretation of the prison rules designed to regulate the treatment of inmates persuaded him to conclude that appellant's misconduct did not necessitate a hearing. This phase of the case obviously relates to the internal affairs of the penal institution. Where, as here, the lack of an inquiry did not deprive the prisoner of a fundamental constitutional right, the courts will not interfere.”
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.