Curtis v. Timberlake’s Empirical Analysis
436 F.3d 709 · 2005
Citation profile
13 federal appellate · 1 district ·
How this case has been cited
Cited by 31 later decisions — most recently February 2023 · most notably Maddox v. Love (2011), Pavey v. Conley (2011)
13 federal appellate · 1 district ·
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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E
Relies on Pozo v. McCaughtry · Michael Massey and John Otten, M.D. v. David Helman · Brown v. Croak · Strong v. David · Brown v. Valoff
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“What the defendants really contend, then, is that, no matter what the facts may show as to accepted practice, an inmate will have failed to exhaust as a matter of law any time prison officials decide to assert noncompliance with a written grievance procedure that effectively has been modified with staff acquiescence or participation. In the view of the defendants, moreover, it makes no difference whether prison officials encourage, or even invite, noncompliance with written procedure. [Pozo v. McCaughtry, 286 F.3d 1022, 1025 (7th Cir.2002),] does not support this result. That case holds that the rules governing administrative exhaustion under § 1997e(a) “come from the prison grievance systems themselves,” Strong v. David, 297 F.3d 646, 649 (7th Cir.2002), but we did not define the “administrative rules” that a prisoner must follow, see Pozo, 286 F.3d at 1025 , as those reduced to writing whether or not followed in practice. Other courts have specifically rejected arguments similar to the one presented by the defendants. See, e.g., Brown v. Croak, 312 F.3d 109, 112 (3d Cir.2002) (holding that when prison officials told prisoner that grievance procedures were different than official procedures, prisoner was not re quired to follow written procedures); see also Brown v. Valoff, 422 F.3d 926, 936-37 (9th Cir.2005) (stating that information provided to prisoner concerning operation of grievance procedures was relevant in deciding whether available remedies had been exhausted).”
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.