Green v. Young’s Empirical Analysis

Citation profile

10 federal appellate · 1 state decisions

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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “routine dismissal for failure to exhaust administrative remedies does not count as a strike”). 6 . Faced with such a case, this Court could conceivably hold that § 1915(g) should not bar suit where a prisoner’s new action only reasserts claims previously dismissed without prejudice; in such a situation, the prior dismissal in part with prejudice and in part without prejudice for failure to exhaust should perhaps not be counted as a strike. This Court has intimated such an approach in holding that "when a prisoner 'refiles’ a complaint raising the same prison-conditions claims as a complaint that was initially dismissed without prejudice for failure to exhaust under the PLRA, the prisoner need not pay an additional filing fee under 28 U.S.C. § 1914 (a).”

   1 later decision quote this exact passage · from the majority
   e.g. Pointer v. Wilkinson

2. “In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section [i.e., IFP] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.”

   1 later decision quote this exact passage · from the majority
   e.g. Tolbert v. Stevenson