Burns v. Swenson’s Empirical Analysis
430 F.2d 771 · 1970
Citation profile
46 federal appellate · 15 district · 11 state decisions
How this case has been cited
Cited by 114 later decisions — most recently May 2015 · most notably Sostre v. McGinnis (1971), Finney v. Arkansas Board of Correction (1974)
46 federal appellate · 15 district · 11 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 Griswold v. State of Connecticut · Price v. Johnston · Johnson v. Avery · New Yorker Magazine, Inc. v. Gerosa · Federal Trade Commission v. Textile & Apparel Group
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 114 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It certainly does no violence to the Constitution or the sensibilities of this court, for example, for prison authorities to unilaterally and without hearing segregate riotous or trouble-making prisoners from the general prison population when the Penitentiary atmosphere is charged and tense. The preservation of security and order, both for the segregated inmates and for the general prison population, as well as the prison officers and administrators, must be allowed high priority. Here a violent stabbing and several contemporaneous assaults manifesting racial hatred among the inmates had occurred. The prison authorities apparently had reason to believe that Burns and other inmates had participated in the incident. Exigent circumstances known only to the prison officials may have required the foregoing of any hearing at the time of Burns’ segregation. The remaining delay must have related to the necessities of investigation of the incident and the continued tension in the prison.” 430 F.2d at 779 .”
3 later decisions quote this exact passage“that correspondence with the ACLU may be subjected to reasonable regulation consistent with legitimate policies of internal prison administration and security, so long as such regulation does not become a subterfuge to deny Burns access to the ACLU, and through it, to the courts.”
3 later decisions quote this exact passage“Federal Court review of state [or federal] prisoner's complaints arising out of the internal administration, conditions, or discipline in the prison is narrowly circumscribed. Unless deprivations of constitutional dimensions are involved, Federal Courts should be loathe to interfere.”
2 later decisions quote this exact passage
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.