Donald K. Hess v. Olin G. Blackwell, Warden’s Empirical Analysis
409 F.2d 362 · 1969
Citation profile
16 federal appellate ·
How this case has been cited
Cited by 23 later decisions — most recently August 2008
16 federal appellate ·
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 Powell v. Texas · Wells v. Simonds Abrasive Co. · Paul Rodger Weller v. Fred H. Dickson, Andrew Emmitte Pope v. Richard A. McGee · Graham v. Willingham · Stroud v. Swope
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The requirement that convicts show that they have exhausted their administrative remedies is bound to have some deterrent effect on the making of unfounded claims. It does away with the idea of a quick, automatic trip outside the penitentiary. It makes them go to the experts who know prison problems and should be hard to fool. If the matter is important enough to require investigation, and if it has merit, it will likely be worked out on the institutional level. If it is false or frivolous, the convict will realize that the prison authorities will be ready with their proof. Enforcement of the rule that a convict must affirmatively plead that he has exhausted his administrative remedies before he can maintain a lawsuit is the only restraint courts have to prevent a flood of cases such as this one, having no justiciable basis or impressing reality. Clogging of court dockets with frivolous and fraudulent actions by convicts is not the only bad consequence of laxity in the enforcement of such rule. ‘ * * * The disruption of prison discipline that the maintenance of such suits, at government expense, can bring about is not difficult to imagine.’ Weller v. Dickson, supra, 314 F.2d [598], at page 602.” 409 F. 2d at p. 367 .”
1 later decision quote this exact passage · from the majoritye.g. Harbolt v. Alldredge
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.