Borzych v. Frank’s Empirical Analysis
439 F.3d 388 · 2006
Citation profile
10 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 29 later decisions — most recently February 2025 · most notably Lovelace v. Lee (2006), Washington v. Klem (2007)
10 federal appellate · 1 district · 2 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 Broadrick v. Oklahoma · United States v. Salerno · Employment Division Department of Human Resources of Oregon v. L Smith · O'Lone v. Estate of Shabazz · Cutter et al. v. Wilkinson Director Ohio Department of Rehabilitation and Correction
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We doubt that keeping these books out of the prison substantially burdens anyone's religious exercise. Borzych's only evidence on this point is his unreasoned say-so, plus equivalent declarations by other inmates. This is insufficient to create a material dispute that would require a trial. No objective evidence supports his assertion that the books are important to Odinism. [ Ibid. (citations omitted).]”
2 later decisions quote this exact passage · from the majority“Some open-ended quality is essential if a prison is to have any guidelines; it is impossible to foresee all literature that may pose a threat to safety and security.”
1 later decision quote this exact passage · from the majoritye.g. Koutnik v. Brown“[w]hatever scope overbreadth analysis has in criminal prosecutions ... it has little or none in civil litigation dealing with prisons' internal operations,”
1 later decision quote this exact passage · from the majoritye.g. Koutnik v. Brown
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.