Brownell v. Krom’s Empirical Analysis
446 F.3d 305 · 2006
Citation profile
7 federal appellate ·
How this case has been cited
Cited by 48 later decisions — most recently May 2020 · most notably Triestman v. Federal Bureau of Prisons (2006), Yu Kikumura v. Osagie (2006)
7 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 Correction Officer Porters v. Ronald Nussle · McPherson v. Coombe · Johnson v. Johnson · Hemphill v. New York · Giano v. Goord
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Depending on the inmate’s explanation for the alleged failure to exhaust, the court must ask whether administrative remedies were in fact available to the prisoner. The court should also inquire as to whether the defendants may have forfeited the affirmative defense of non-exhaustion by failing to raise or preserve it, or whether the defendants’ own actions inhibiting the inmate’s exhaustion of remedies may estop one or more of the defendants from raising the plaintiffs failure to exhaust as a defense. If the court finds that administrative remedies were available to the plaintiff, and that the defendants are not estopped and have not forfeited their non-exhaustion defense, but that the plaintiff nevertheless did not exhaust available remedies, the court should consider whether special circumstances have been plausibly alleged that justify the prisoner’s failure to comply with administrative procedural requirements.”
2 later decisions quote this exact passage · from the majority“[w]e do not, however, agree with the district court that Brownell’s failure to claim in his grievance a denial of his right of access to the courts renders the claim before us unexhausted ... As a general matter, a prisoner need not articulate legal theories in his grievance to exhaust administrative remedies under the PLRA.”
1 later decision quote this exact passage · from the majority“so vague as to preclude prison officials from taking appropriate measures to resolve the complaint internally.”
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.